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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