CC - Item 5D - Second Reading of Ordinance No. 980 - Short Term rental of residential homes and boarding housesROSEMEAD CITY COUNCIL
STAFF REPORT
TO: THE HONORABLE MAYOR AND CITY COUNCIL
FROM: GLORIA MOLLEDA, CITY MANAGER w 1
DATE: JULY 10, 2018
SUBJECT: ORDINANCE NO. 980 — SECOND READING AND ADOPTION
SUMMARY
On June 19, 2018, the City Council conducted a public hearing and introduced Ordinance No.
980, amending title 17 of the Rosemead Municipal Code related to short-term rental of
residential homes and boarding houses.
STAFF RECOMMENDATION
It is recommended that the City Council approve the second reading and adoption of Ordinance
No. 980.
FISCAL IMPACT - None
STRATEGIC PLAN IMPACT - None
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process.
Prepared by:
Ericka Hernandez, City Clerk
Attachment: Ordinance No. 980
AGENDA ITEM NO. 5.1)
Attachment B
Ordinance No. 980
ORDINANCE NO. 980
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
ROSEMEAD, CALIFORNIA AMENDING TITLE 17 (ZONING) OF
THE ROSEMEAD MUNICIPAL CODE REGARDING SHORT TERM
RENTAL OF RESIDENTIAL HOMES AND BOARDING HOUSES
THE CITY COUNCIL OF THE CITY OF ROSEMEAD DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The City Council HEREBY FINDS AND DETERMINES that facts do exist to
justify approving Municipal Code Amendment 18-02, in accordance with Section 17.152.060 of the
Rosemead Municipal Code ("RMC") as follows:
A. The proposed amendment is consistent with the General Plan and any applicable specific
plan;
FINDING: The proposed amendment is consistent with the goals, policies, and objectives of
the General Plan. It is a goal of the Land Use Element of the General Plan to enhance and
maintain the quality and character of Rosemead's residential neighborhoods. To ensure that
the residential character is maintained, a General Plan policy is that the City should actively
promote the maintenance of properties and building through code enforcement. The
proposed code amendments will provide the City with additional tools for ensuring safe and
decent housing while working to enhance the visual quality of residential neighborhoods and
ensure safe and decent housing for all City residents. This ordinance is tailored to preserve
the residential character of a neighborhood by prohibiting commercial enterprises such as
short-term rental and boarding house businesses in the residential zones and while respecting
the rights to privacy and association that the California Supreme Court recognized in City of
Santa Barbara v. Adamson (1980) 27 Cal.3d 123 and related cases.
B. The proposed amendment will not be detrimental to the public interest, health, safety,
convenience, or welfare of the City; and
FINDING: Adopting this Ordinance is in the public interest because it is designed to protect
public health and safety while also promoting public welfare. The City has in recent years
experienced a great number of short-term rental of residential homes and boarding houses
that house temporary residents in residential housing, often in unsafe conditions. Short-term
tenants that stay only for one night, a week, or even a few months in its residential area have
little interest in public agencies or the welfare of its citizenry as they do not participate in
local government and community organizations that strengthen a City and its residents. This
Ordinance promotes public health, safety, and general welfare and serves the goals and
purposes of the RMC.
C. The proposed amendment is internally consistent with other applicable provisions of [the]
Zoning Code.
FINDING: The City's ability to exercise its powers in accordance with Article XI, § 7 of the
California Constitution to regulate land use is well-established. This ordinance is intended to
R_Qil
regulate aesthetics, traffic, parking, public peace, and other, similar, matters related to public
health, safety, and welfare. Similar regulations that prohibit or regulate transient commercial
uses of residential property have been upheld in cases such as Ewing v. City of Carmel -By -
The -Sea (1991) 234 Cal.App.3d 1579 because such regulations are rationally related to
preservation and enhancement of the residential character of the neighborhood and stability
of the community.
Section 2. RMC § 17.04.050 [Definitions — General] is amended as follows:
A. Addition of New Definitions. RMC § 17.04.050 is amended to add new definitions for "boarding
house or rooming house" and "short-term rental," as follows:
""Boarding house or rooming house" means a dwelling unit, where sleeping or non -sleeping rooms are
rented for lodging purposes to individuals, with rental agreements, leases, or subleases, either written or
oral or implied, whether or not an owner, agent, or rental manager is in residence. Meals may be
provided to boarders in connection with the renting of sleeping rooms or common kitchen facilities may
be provided. This definition does not include household; convalescent facility; residential care facility;
group home; emergency shelter; supportive housing; transitional housing; hotel; motel; or other extended
lodging facility as these terms are defined in this code."
""Short-term rental' means any dwelling unit that is occupied or intended or designed to be occupied on a
short-term basis for occupancy duration of thirty (30) calendar days or less."
B. Amendment to Existing Definition. The existing definition of "family" contained in RMC §
17.04.050 is amended as follows:
"Family" means any group of individuals living together as the functional equivalent of a family where
the residents may share living expenses, chores, eat meals together and are a close group with social,
economic, and psychological commitments to each other. A family includes, for example, the residents of
residential care facilities and group homes for people with disabilities. A family does not include larger
institutional group living situations such as dormitories, fraternities, sororities, monasteries, nunneries, or
boarding houses.
Section 3. RMC § 17.12.020 is amended to read as follows:
Table 17.12.020.1, Uses in Residential Districts, identifies the uses of land allowed in each
residential zoning district, and the land use permit required, if any, to establish each use. Where the last
column in the tables (Specific Use Regulations) includes a section reference number, the regulations in
the referenced section apply to the use in addition to those shown in the table.
Table 17.12.020.1: USES IN RESIDENTIAL DISTRICTS
IddJ
Land Use
Requirements by District
Specific Use Regulations
R1 R2
R3
Residential Uses
Single-family Dwellings
See section 17.12.030 for district specific requirements. See
Chapter 17.42 for Manufactured Homes.
Two-family Dwellings (Duplex)
-----
P
P
See section 17.12.030 for district specific requirements.
Multiple -family Dwellings
----
-----
DR
See section 17.12.030 for district specific requirements.
Second Dwelling Unit, Single -story
p
p
P
See Article 3, Chapter 17.30, Section 17.30.190 (Second
Dwelling Units)
Second Dwelling Unit, Two-story
CUP
CUP
CUP
See Article 3, Chapter 17.30, Section 17.30.190 (Second
Dwelling Units)
Mobile Home Parks
CUP
CUP
CUP
See Article 3, Chapter 17.46 (Mobile Home Parks and Park
Conversions)
Boarding house or rooming house
-----
-----
-----
Not permitted
Short-term rental
-----
----
-----
Not permitted
Care Uses
Child Care Home, Small Family
(eight or fewer)
P
P
P
See Article 3, Chapter 17.30, Section 17.30.160 (Large and
Small Family Child Day Care Home Facilities)
Child Care Home, Large Family
(nine to 14)
AUP
AUP
See Article 3, Chapter 17.30, Section 17.30.160 (Large and
Small Family Child Day Care Home Facilities)
Residential Care Facilities (six or
fewer)
P
P
p
Residential Care Facilities (7 or
more)
Supportive Housing
P
P
P
Transitional Housing
P
P
P
Agriculture and Animal Related Uses
Animal Keeping
A
A
A
See Title 6 (Animals) ofthe Municipal Code
Horticulture - Private
A
A
A
Other Uses
Accessory Structures
A
q
A
See Section 17.12.030 and Article 3 Chapter 17.32 (Accessory
Structures)
Educational Institution - Private
CUP
CUP
CUP
Educational Institution - Public
P
P
P
Home Occupations, including
Cottage Food Operations.
A
AA
See Title S, Chapter 5.41 (Home Occupations)
Lighted outdoor sporting field or
court (tennis, basketball, etc.)
CUP
CUP
CUP
See Article 4, Section 17.68.060
Places of Religious Assembly
CUP
CUP
CUP
Public Buildings and Facilities
AUP
AUP
AUP
Public Utility Facilities
P
P
P
Telecommunication Facilities, not
including Wireless
Telecommunication Facilities
CUP
CUP
CUP
Temporary Uses and Special
Events
See Article 5, Chapter 17.124 (Temporary Use Permits and Special Events)
A-3
Notes:
P
Permitted Use
A
Permitted Accessory Use
AUP
Administrative Use Permit Required
CUP
Conditional Use Permit Required
-----
Use Not Allowed
Section 4. Environmental Review. This Ordinance is exempt from additional environmental review
under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq.,
"CEQA") and CEQA regulations (14 California Code of Regulations §§ 15000. Et seq.) because it
establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions
and clarifications to existing regulations and specification of procedures related thereto; and consists of
actions taken to assure the maintenance, protection and enhancement of the environment. This
Ordinance, therefore, does not have the potential to cause significant effects on the environment. (14
California Code of Regulations §§ 15060(c)(2), 15061(b)(3).) Furthermore, this Ordinance is
categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308.
Section 5. Construction. This Ordinance must be broadly constructed in order to achieve the purposes
stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted
or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
Section 6. Enforceability. Repeal of any provision of the RMC does not affect any penalty, forfeiture, or
liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring
before this Ordinance's effective date. Any such repealed part will remain in full force and effect for
sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
Section 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of
competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the
remaining provisions or applications and, to this end, the provisions of this Ordinance are severable.
Section 8. Effective Date. This Ordinance shall take effect thirty (30) days after its adoption.
Section 9. Publication. The City Clerk shall certify to the adoption of this Ordinance and shall publish a
summary of this Ordinance and post a certified copy of the full Ordinance in the office of the City Clerk
at least five days prior to the adoption and within 15 days after adoption of the Ordinance, the City Clerk
shall publish a summary of the Ordinance with the names of the Council Members voting for and against
the Ordinance. This Ordinance shall take effect thirty (30) days after the date of its adoption.
PASSED, APPROVED, AND ADOPTED by the City Council of the City of Rosemead,
County of Los Angeles of the State of California on
Steven Ly, Mayor
A-4
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke, Williams, & Sorensen, LLP
A-5