Loading...
CC SR 20190219 G - Short-Term Rental Status ReportRANCHO PALOS VERDES CITY COUNCIL AGENDA REPORT MEETING DATE: 2/19/2019 AGENDA HEADING: Consent Calendar AGENDA DESCRIPTION: Consideration and possible action to receive and file a status report on the enforcement of the City’s prohibition of short-term rentals. RECOMMENDED COUNCIL ACTION: (1) Receive and file a status report on the enforcement of the City’s prohibition of short-term rentals. FISCAL IMPACT: None Amount Budgeted: N/A Additional Appropriation: N/A Account Number(s): N/A ORIGINATED BY: Kevin Le, Code Enforcement Officer KL REVIEWED BY: Ara Mihranian, AICP, Director of Community Development APPROVED BY: Doug Willmore, City Manager ATTACHED SUPPORTING DOCUMENTS: A. Code Enforcement Short-Term Rental Case Summary Table (page A-1) BACKGROUND On September 20, 2016, the City Council affirmed that the City’s Development Code is a permissive code, in that if a land use is not specifically identified as a permitted use, then it is to be considered as prohibited. In doing so, the City Council determined that short-term rentals (a rental of less than 30 days) are prohibited within the City’s Single- Family Residential and Multi-Family Zoning Districts since they’re not enumerated as a permitted use. On December 20, 2016, the City Council adopted Urgency Ordinance No. 592U, which immediately amended Chapter 17.02 (Single-Family Residential (RS) Districts), Chapter 17.04 (Multi-Family Residential (RM) Districts), and Chapter 17.96 (Definitions) of Title 17 of the City’s Development Code to affirm the prohibition of short-term rentals, to prohibit the advertisement of short-term rentals in the City’s Residential and Multi- Family Zoning Districts, and to codify definitions for advertisement, responsible party, and short-term rentals. The adoption of the urgency ordinance authorized the City to immediately enforce the City’s prohibition of the advertisement and operation of short- term rentals (STR). Subsequently, in January 2017, the City Council adopted Ordinance 1 No. 593, which codified the City’s prohibition of advertising or operating a STR in the City’s Residential and Multi-Family Zoning Districts through the regular code amendment process. In November of 2017, in response to resident complaints that certain properties were being rented on a short-term basis for commercial events, such as weddings, bachelor parties, and bridal showers to name a few, the City Council adopted Urgency Ordinance No. 604U to expand the definition of a STR to include commercial uses unless expressly permitted by the City. This Urgency Ordinance was followed by the adoption of Ordinance No. 605 codifying the expanded definition through the regular code amendment process. DISCUSSION Soon after the City Council affirmed that STRs were prohibited in the City’s Residential and Multi-Family Zoning Districts, the City’s Code Enforcement Division began to enforce the prohibition by investigating complaints, providing notices of violation, and citing property owners that were found to be in violation of the City’s ordinance. As summarized in the attached table (Attachment A), 60 code enforcement cases were opened since September 2016. These property owners were notified by the City that advertising or operating a STR is prohibited in the City. In response to the City’s notice, 44 cases were brought to compliance and the cases were closed without any further enforcement. The remaining 16 cases were issued administrative citations for continuing to advertise and/or operate a STR after being notified by the City. According to the City’s Administrative Fine Schedule, administrative citations for STR- related violations range between $2,500 for the first violation up to $7,500 for the third and subsequent violation. In total, the City issued $162,500 in administrative citations (this figure includes a total of $112,500 in citations issued to one property owner who repeatedly violated the City’s ordinance for approximately two years). Pursuant to Chapter 1.16 of the Rancho Palos Verdes Municipal Code, a property owner may appeal an Administrative Citation to the City’s Hearing Officer. As a result of this Code provision, 11 property owners appealed City-issued Administrative Citations. Based on the outcome of the Hearing Officer’s decisions and other settlements between property owners and the City, to date, the City has collected $49,990.94 (this figure includes penalty fines and City-incurred costs). This figure does not include the entire settlement amount of $45,000 between the City and the property owner who incurred a total of $112,500 in citations that will be paid in monthly increments of $750, which would eventually bring the total administrative citation collected to $94,990.94. Since September 2016, because of the significant enforcement actions taken, the number of code enforcement cases involving a STR has drastically reduced over time. Staff attributes this reduction to the following enforcement program strategies: • Notice of Violation Letters: The City issues a Notice of Violation letter to property owners identified as either advertising or operating a short-term 2 rental, giving them 30 days to cease and desist. Unlike typical code enforcement cases where a property owner has three opportunities to comply, in the case of STRs, after 30-days, a noncompliant property owner will be issued an administrative citation, as described below. • Increased Penalty Fines for Administrative Citation: To be more punitive and to serve as a deterrent, the City Council amended the penalty fines in 2017 so that the administrative citation for violating the City’s STR ordinance began at $2,500 for the first offense, $5,000 for the second offense, and $7,500 for the third and subsequent offenses. The increased fine amounts have effectively served the City in its enforcement. • Public Outreach: In order to ensure that the community was aware of the City’s ordinance, in 2016, the City launched an aggressive public campaign to raise awareness of the STR prohibition. In addition to posting information on the City’s website and social media platforms (Facebook and Nextdoor), the City met with the Rancho Palos Verdes Council of Homeowners Associations (CHOA) and individual homeowners associations to explain the prohibition and enforcement program. The increased public awareness assisted the City with the enforcement of the prohibition because residents were made aware of the prohibition and several neighborhood residents took it upon themselves to self-police this activity by monitoring and reporting it to the City. • Collaboration with Other Beach Cities: Staff communicated with other South Bay Cities to collectively identify solutions to enforce the STR prohibition in a more efficient and enforceable manner. Additionally, Staff attended various meetings held by the South Bay Cities Council of Government (SBCCOG) to discuss the issue of STRs and to exchange information related to complaints, enforcement costs, legal options, and challenges. • Collaboration with the LA County Sheriff’s Department: Staff worked closely with former Captain Beringer of the Los Angeles County Sheriff’s Department (LASD) to enforce the prohibition of STRs used as party houses, and to identify effective strategies to collaboratively address complaints associated with STRs in the City. • Collaboration with the City Attorney: The City Attorney’s office was instrumental in identifying areas of the Municipal Code that should be amended to further bolster the administrative citation process and penalty fines, as well as identifying the City’s legal options depending on the case. Additionally, the City Attorney’s office assisted with the implementation of the enforcement program, especially in cases involving multiple time offenders where a significant evidence chain needed to be developed for later court action. 3 The City’s enforcement program has been effective in reducing the number of STR violations since the program began in late 2016. That said, the City’s Code Enforcement Division continues to gather the latest information on the best enforcement practices to address STR violations, and continues to monitor various website host platforms for the advertisement and/or operation of STRs. 4 STREET NAME DATE COMPLAINT RECEIVED VIOLATION DATE CITY VIOLATION LETTER SENT ACTION CITATION ISSUED CITATION AMOUNT ISSUED CITATION / FEES COLLECTED Albero Ct.12/26/2016 Notice of Violation (NOV) issued for advertising a STR.2/2/2017 Ad Removed No $ - Armaga Spring #B 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No $ - Armaga Spring Rd.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No $ - Avenida Altisima 9/27/2016 NOV issued for advertising & operating a STR.10/4/2016 Admin citation issued. Appealed. Hearing Officer ruled in favor of property owner. Refund. No Ad observed to date. Yes $ 2,500.00 Refunded Avenida Altisima 9/27/2016 Notice of Violation issued for advertising a STR.9/27/2016 Admin. citation issued in 2017. Appealed citation. Hearing Officer upheld citation. Citation paid plus admin costs. Ad now reflects monthly stays. Yes $ 2,500.00 $ 4,516.35 Basswood 12/6/2018 NOV issued for advertising a STR.12/6/2018 NOV Issued - Follow-up in February No Blackhorse Rd.12/26/2016 Notice of Violation issued for advertising a STR.10/19/2018 Ad Reflects Monthly Stay No Cachan Pl.12/26/2016 Notice of Violation issued for advertising a STR.3/13/2018 Admin Citation Issued. Late fees applied. Ad now reflects monthly stays Yes $ 2,500.00 $ 3,750.00 Calle De Suenos 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Calle Viento 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Chandeleur Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Channelview Ct.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Coral Ridge Rd.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Short-Term Rental - Code Enforcement Case Summary A-1 Page 2 of 5 STREET NAME DATE COMPLAINT RECEIVED VIOLATION DATE CITY VIOLATION LETTER SENT ACTION CITATION ISSUED CITATION AMOUNT ISSUED CITATION / FEES COLLECTED Crest Ave.9/27/2016 NOV issued for advertising & operating a STR.9/27/2016 Advertisement and operation stopped. Settlement in the amount of $45,000 (at $750 per month). Citation amount collected as of 1/5/19 Yes $112,500 $750.00 Deluna Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Eddinghill Ave.9/27/2016 NOV issued for advertising & operating a STR.9/27/2016 Ad reflects monthly stays. First Citation was issued for $2500 and the Hearing Officer ruled on December 8, 2017 in favor of property owner. Refund issued. Yes $2,500.00 refunded Eddinghill Ave.2/24/2018 NOV issued for advertising & operating a STR.2/24/2018 New violation reported. Complaint filed with the LA Superior Court on April 17, 2018. Settlement Agreement in the Amount of $10,000 (Includes Admin Cost). Payment made $10,000.00 Fond Du Lac Rd.9/27/2016 NOV issued for advertising & operating a STR.9/27/2016 Admin Hearing. Hearing Officer Upheld City's Citation. Citation paid plus admin costs. No ad posted to date. Yes $ 7,500.00 $ 8,793.95 Fond Du Lac Rd.9/27/2016 NOV issued for advertising & operating a STR.9/27/2016 Admin Hearing. Hearing Officer Upheld City's Citation. Citation paid plus admin costs. No ad posted to date. Yes $ 7,500.00 $ 8,793.95 General St.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Grayslake Rd.12/10/2018 Notice of Violation issued for advertising a STR.12/18/2018 Ad Reflects Monthly Stay No Grovespring 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Reflects Monthly Stay No Hightide Dr.9/27/2016 Notice of Violation issued for advertising a STR.10/4/2016 Ad Removed No A-2 Page 3 of 5 STREET NAME DATE COMPLAINT RECEIVED VIOLATION DATE CITY VIOLATION LETTER SENT ACTION CITATION ISSUED CITATION AMOUNT ISSUED CITATION / FEES COLLECTED Indian Peak Rd.9/27/2016 Notice of Violation issued for advertising a STR.9/27/2016 Citation issued. Appealed. Hearing Officer upheld City's decision. Citation paid plus admin costs. Ad now reflects monthly stays. Yes $ 2,500.00 $ 3,636.69 Jaybrook Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Larchbluff 9/27/2017 Notice of Violation issued for advertising a STR.9/27/2017 Citation issued and paid. Ad Removed Yes $2,500.00 $ 2,500.00 Limetree Rd.9/27/2016 Notice of Violation issued for advertising a STR.9/27/2016 City's citation was appealed and heard by Hearing Officer who settled partly with property owner. City refunded half of the Admin. Citation. Ad now Reflects Monthly Stay yes $2,500.00 $1,250.00 Lobrook Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Lorraine Rd.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Lucania Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Matisse Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Reflects Monthly Stay No Montemalaga Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Reflects Monthly Stay No Narcissa Dr.9/27/2016 Notice of Violation issued for advertising a STR.10/4/2016 Ad Reflects Monthly Stay No Narcissa Dr.12/26/2016 Notice of Violation issued for advertising a STR.9/7/2016 Citation issued for advertising and operating. Appealed by property owner. Hearing Officer ruled in favor of property owner. Refund issued. No new ads to date. yes $2,500.00 refunded Nuvola Ct.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No A-3 Page 4 of 5 STREET NAME DATE COMPLAINT RECEIVED VIOLATION DATE CITY VIOLATION LETTER SENT ACTION CITATION ISSUED CITATION AMOUNT ISSUED CITATION / FEES COLLECTED Packet Rd.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Palos Verdes Dr. E.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Palos Verdes Dr. S.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Palos Verdes Dr. S.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Pomegranite 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Purple Ridge Rd.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Redondela Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Reflects Monthly Stay No Rockinghorse Rd.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Reflects Monthly Stay No San Ramon Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Scotmist Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Sea Raven Dr.12/18/2018 Notice of Violation issued for advertising a STR.12/19/2018 Ad Removed No Shire Oaks Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Silver Arrow Dr.12/18/2018 Notice of Violation issued for advertising a STR.12/18/2018 Ad Reflects Monthly Stay No Sunnyside Ridge Rd.9/27/2016 Notice of Violation issued for advertising a STR.10/4/2016 Ad Removed No Tarragon Rd.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No A-4 Page 5 of 5 STREET NAME DATE COMPLAINT RECEIVED VIOLATION DATE CITY VIOLATION LETTER SENT ACTION CITATION ISSUED CITATION AMOUNT ISSUED CITATION / FEES COLLECTED Tarragon Rd.12/26/2016 NOV issued for advertising & operating a STR.2/2/2017 Admin Citation Issued. Appealed. Hearing Officer ruled in favor of property owner. Refund issued. Yes $2,500 refunded Tarragon Rd.4/26/2018 NOV issued for advertising & operating a STR.4/26/2018 Admin Citation issued in the amount of $2,500 and Admin Citation issued in the amount of $5,000.00. Appealed. Hearing Officer upheld City's Decision. Settlement Agreement ($4000 City refunded). yes $7,500 $3,500 Thyme 9/27/2017 Notice of Violation issued for advertising a STR.9/27/2017 Citation issued and paid. No ad posted to date.Yes $2,500.00 $2,500.00 Trailriders Rd.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Reflects Monthly Stay No Via la Rocca 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Via Rivera 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Via Sonoma 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Reflects Monthly Stay No Via Subida 7/27/2017 NOV issued for advertising & operating a STR.9/1/2017 Admin citation issued. Appealed. Hearing Officer ruled in favor of property owner. Refund issued. No new ads. Yes $2,500.00 refunded Via Victoria 12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No Vigilance Dr.12/26/2016 Notice of Violation issued for advertising a STR.2/2/2017 Ad Removed No $162,500.00 $ 49,990.94 A-5