PC - Item 3C - Municipal Code Amendment 18-02 Short Term Rental of Residential Homes and Boarding HousesROSEMEAD PLANNING COMMISSION
STAFF REPORT
TO: THE HONORABLE CHAIR AND PLANNING COMMISSION
FROM: PLANNING DIVISION
DATE: JUNE 4, 2018
SUBJECT: MUNICIPAL CODE AMENDMENT 18-02
SHORT TERM RENTAL OF RESIDENTIAL HOMES AND BOARDING
HOUSES — ROSEMEAD ZONING CODE (TITLE 17)
SUMMARY
The Rosemead Zoning Code (Title 17) of the Rosemead Municipal Code carries out the
policies of the Rosemead General Plan by classifying and regulating uses of land and
structures within the City. The Zoning Code, however, is silent on short-term rental of
residential homes, and boarding houses, and as such the uses are not currently
regulated for land use. The proposed Municipal Code.Amendment would amend the
Rosemead Zoning Code by adding definitions for `Boarding house or rooming house"
and "Short-term rental," and prohibit boarding/rooming house and short-term rental of
residential homes in the residential zones (R-1, R-2, and R-3). The proposed Code
Amendment would not affect residential rental (e.g., single-family dwellings, two-family
dwellings (duplex), multiple -family dwellings (three or more units) with a lease or rental
agreement that is not short-term.
ENVIRONMENTAL DETERMINATION
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.
STAFF RECOMMENDATION
That the Planning Commission:
Planning Commission Meeting
June 4, 2018
Page 2 of 7
1. Conduct a public hearing and receive public testimony; and
2. Adopt Planning Commission Resolution No. 18-10 with findings (Exhibit "A"), a
resolution recommending that the City Council adopt Ordinance No. 980 (Exhibit
"B") for the approval of MCA 18-02.
Background
The recent increase in the number of short-term rental units in Rosemead and their
potential effects on residential neighborhoods has led to discussion on whether or not
the use should be regulated. Short-term rentals consist of either home -sharing (e.g.,
homeowner renting a room), and vacation rentals where the entire unit is used
exclusively for guests as a way of generating income for the property owner. Although
many short-term rentals have negligible effect to the surrounding residential
neighborhood, certain short-term uses have created problems, including excessive
noise, glare (lights at night), high traffic volume, lack of street parking, trash & debris,
and others. An example is a short-term rental use in a single family residential
neighborhood where approximately 30 beds were individually rented at $20 per night.
The neighborhood saw an increase in traffic, street parking shortage, public
disturbance, and general concerns for safety. The use also placed a strain on the City's
resources with Code Enforcement violations and calls for law enforcement services.
City Council Workshop
On March 27, 2018, the City Council held a duly noticed workshop to discuss short-term
rental of residential homes (among other upcoming Code Amendments). The following
is a summary of the City Council input for the Planning Commission's consideration:
• The Council discussed three potential options:
o Prohibit entirely short-term rental of homes and boarding houses in
residential zones.
o Allow short-term rentals with licensing (e.g., Conditional Use Permit and
business license) and TOT (Transient Occupancy Tax) assessment.
o Allow room rental with owner residing on the property. Entire home rental
not allowed.
• Boarding house or rooming house (rented to two or more separate rental
agreements or leases) is not an appropriate use in residential zones. Potential
problem when a renter converts the home into a boarding/rooming house.
• Measures for how the City would enforce short-term rental uses.
Planning commission Meeting
June 4, 2018
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Zoning Code Sections
The following Zoning Code Sections would be amended with the approval of MCA 18-
02:
Rosemead Municipal Code Section 17.04.050 (Definitions)
New definition for "boarding house or rooming house" would be added to the
Zoning Code. In general, boarding house or rooming house is defined as a
dwelling unit where sleeping rooms are rented to multiple transients (two or
more) regardless if the owner, agent or manager resides on the property. "Short-
term rental" definition is added to state that short-term rental is occupancy of
thirty (30) days or less.
Rosemead Municipal Code Section 17.12.020 (Residential District Land Uses
and Permit Requirements)
Table 17.12.020.1 (Uses in Residential Districts) is amended to identify that
"boarding house or rooming house," and "short-term rental" is not permitted in R-
1, R-2, and R-3 zones.
The effect of the above language would prohibit all short-term rental (as defined) of less
than 30 -days in the R-1, R-2, and R-3 zones. Boarding house or rooming house where
sleeping rooms are rented to individuals with two or more separate rental agreements or
leases, either written or oral or implied, would be prohibited regardless of occupancy
period.
The proposed Code Amendment, however, would not have an effect on the following
uses and activity:
• "Supportive Housing," "Transitional Housing," or "Residential Care Facilities
which are already defined and permitted in the residential zones and subject to
State status.
• Residential rental (home, duplex, triplex, apartments, etc.) that is longer than 30 -
days, as rental period in excess of 30 -days is not defined as "short-term."
MUNICIPAL CODE REQUIREMENTS
Per Rosemead Municipal Code Section 17.152.060, amendments to the Zoning Code
maybe approved only if all of the following findings are first made:
1. The proposed amendment is consistent with the General Plan and any applicable
specific plan;
The proposed amendment is consistent with the General Plan Land Use Element
Goal 1 to, "Maintain stable and attractive single-family residential
Planning Commission Meeting
June 4, 2018
Paoe 4 of 7
neighborhoods." Short-term rental and residential homes and boardinghouses
adversely affect the characteristics of a residential neighborhood with increase in
traffic, noise and glare. Transient short-term occupancy use, therefore, does not
promote stable character to residential neighborhoods.
2. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City, as its goal is to protect and maintain
the residential characteristics of neighborhoods.
3. The proposed amendment is internally consistent with other applicable provisions
of the Zoning Code.
The proposed amendment is internally consistent with the Zoning Code in that
the Ordinance defines and establishes guidelines for short-term rental of
residential homes, and boarding and rooming houses which were silent and
undefined. The amendment ensures that short-term transient uses are
prohibited in residential zones in order to protect the residential characteristics of
established neighborhoods.
PUBLIC NOTICE PROCESS
This item has been noticed through the regular agenda notification process, which
includes publication in the Rosemead Reader and postings of the notice at six public
locations.
Prepared and SyKmi�ted by:
Ben
of Community Development
EXHIBITS:
A. Planning Commission Resolution No. 18-10
B. Draft Ordinance No. 080
Planning Commission Meeting
June 4, 2018
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EXHIBIT "A"
PC RESOLUTION 18-10
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF
ROSEMEAD, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA,
RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE
NO. 980 FOR THE APPROVAL OF MCA 18-02, AMENDING TITLE 17
(ZONING) OF THE ROSEMEAD MUNICIPAL CODE TO ADOPT NEW
REGULATIONS FOR SHORT TERM RENTAL OF RESIDENTIAL
HOMES AND BOARDING HOUSES
WHEREAS, Section 17.152.060 of the Rosemead Municipal Code provides the
criteria for a Zoning Code Amendment;
WHEREAS, Sections 65854 and 65855 of the California Government Code and
Section 17.152.040 of the Rosemead Municipal Code authorizes the Planning
Commission to review and make recommendations to the City Council regarding
amendments to the City's Zoning Code;
WHEREAS, on May 24, 2018, a notice was published in the Rosemead Reader
and notices were posted in six public locations, specifying the availability of the
proposal, and the date, time; and location of the public hearing for Municipal Code
Amendment 18-02;
WHEREAS, on June 4, 2018, the Planning Commission held a duly noticed and
advertised public hearing to receive oral and written testimony relative to Municipal
Code Amendment 18-02; and
WHEREAS, the Rosemead Planning Commission has sufficiently considered all
testimony presented to them in order to make the following determination.
NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City
of Rosemead as follows:
SECTION 1. 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).)
Planning Commission Meeting
June 4, 2018
Page 6 of 7
Furthermore, this Ordinance is categorically exempt from further CEQA review under 14
Cal. Code Regs. §§ 15301, 15305, and 15308.
SECTION 2. The Planning Commission 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 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 General Plan Land
Use Element Goal 1 to, "Maintain stable and attractive single-family residential
neighborhoods." Short-term rental and residential homes and boarding houses
adversely affect the characteristics of a residential neighborhood with increase in
traffic, noise and glare. Transient short-term occupancy use, therefore, does not
promote stable character to residential neighborhoods.
B. The proposed amendment will not be detrimental to the public interest, health,
safety, convenience, or welfare of the City; and
FINDING: The proposed amendment will not be detrimental to the public interest,
health, safety, convenience, or welfare of the City, its goal is to protect and
maintain the residential characteristics of neighborhoods.
C. The proposed amendment is internally consistent with other applicable provisions of
the Zoning Code.
FINDING: The proposed amendment is internally consistent with the Zoning
Code in that the Ordinance defines and establishes guidelines for short-term
rental of residential homes, and boarding and rooming houses which were silent
and undefined. The amendment ensures that short-term transient uses are
prohibited in residential zones in order to protect the residential characteristics of
established neighborhoods.
SECTION 3. The Planning Commission HEREBY RECOMMENDS City Council
adoption of Ordinance No. 980 for the approval of Municipal Code Amendment 18-02,
for the amendment of Title 17 (Zoning) of the Rosemead. Municipal Code regarding
short-term rental of residential homes and hoarding houses.
SECTION 4. This resolution is the result of an action taken by the Planning
Commission on June 4, 2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Planning Commission Meeting
June 4, 2018
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SECTION 5. The Secretary shall certify to the adoption of this resolution and
shall transmit copies of same to the Rosemead City Clerk.
PASSED, APPROVED, and ADOPTED this 4th day of June 2018.
Sean Dang, Chair
CERTIFICATION
I hereby certify that the foregoing is a true copy of a resolution adopted by the Planning
Commission of the City of Rosemead at its regular meeting, held on the 16th day of April
2018, by the following vote:
AYES:
NOES:
ABSTAIN:
ABSENT:
Ben Kim, Secretary
APPROVED AS TO FORM:
Kane Thuyen, Planning Commission Attorney
Burke, Williams & Sorensenj LLP
EXHIBIT B
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 Amendmentl8-02, 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 -tern 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 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 Carnzel-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 rooms are rented to individuals
with two or more separate rental agreements or leases either written or oral or implied, whether or not au
owner, agent or rental manager is in residence. Meals may be provided to boarders in connection with
the renting of sleoing 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 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, chore$, 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, er--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
Land Use
Requirements by District
Specific Use Regulations
R 2
! R-3
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 Ravelling Unit, Two-story
CUP
CUP
CUP
See Article 3, Chapter 17.30, Section 17.30.190 (Second
Dwelling Units) .
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
3
See Article 3, Chapter 17.46 (Mobile Home Parks and Park
Mobile Home Parks
CUP
CUP .CUP
- Conversions) -
Boarding house or rooming house
-_
-� -_
Not permitted
Short-term rental
-----
----- ---
- Not permitted -
Care Uses
Child Care Home, Small Family
See Article 3, Chapter 17.30, Section 17.30.160 (Large and
(eight or fewer)
- P
P
P
Small Family Child Day Care Home Facilities).
Child Care Home, Large Family
See Article 3, Chapter 17.30, Section 17.30.160 (Large and
(nine to 14)
AUP
AUP
Small Family Child Day Care Home Facilities)
Residential Care Facilities (six or
fewer)
P
P
P
Residential Care Facilities (7 or
more)
-----
CUP
CUP
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
See Section 17.12.030 and Article 3 Chapter 17.32 (Accessory
Accessory Structures
A
A
A
Structures)
Educational Institution - Private
CUP
CUP
CUP
- Educational Institution - Public
P
P
P
Home Occupations, including
A
A
A
See Title 5, Chapter S.41 (Home Occupations)
Cottage Food Operations.
Lighted outdoor sporting field or
CUP
CUP
CUP
See Article 4, Section 17.68.060
court (tennis, basketball, etc.)
Places of Religious Assembly
CUP
CUP
CUP
Public Buildings and Facilities
AUP
AUP
AUP
-
PublicUtilityFacilities
P
P
P
-
Telecommunication Facilities, not
including Wireless
CUP
CUP
CUP
Telecommunication Facilities
Temporary Uses and Special
See Article 5, Chapter 17.124 (Temporary Use Permits and Special Events)
Events
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
3
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
ATTEST:
Ericka Hernandez, City Clerk
APPROVED AS TO FORM:
Rachel H. Richman, City Attorney
Burke, Williams, & Sorensen, LLP
C!
Steven Ly, Mayor