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HomeMy WebLinkAboutStaff Report 4.B 11/19/2018DATE: TO: FROM: SUBJECT: November 19, 2018 Honorable Mayor and Members of the City Council through City Manager Ingrid Alverde, Economic Development Manag t Adoption (Second Reading) Of An Ordinance Amending the Text of Section 7.110 (Short Term Vacation Rentals) of the City's Implementing Zoning Ordinance, Ordinance 2300 N.C.S. RECOMMENDATION It is recommended that the City Council adopt an Ordinance Amending the Text of Section 7.110 (Short Term Vacation Rentals) of the City's Implementing Zoning Ordinance, Ordinance 2300 N.C.S. to extend and clarify the Short -Term Vacation Rental Program by changing the date of the Sunset Clause, adding clarification for advertising, and modifying reference to compliance with Residential Planned Unit Developments. BACKGROUND At the November 5, 2018 meeting, the City Council approved the introduction of an ordinance approving amendments to the text of Section 7.110 of the Implementing Zoning Ordinance for Short -Term Vacation Rentals. This item provides for the second reading and adoption of the ordinance. ATTACHMENT 1. Ordinance approving text amendments to Chapter 7.110 of the Implementing Zoning Ordinance Attachment 1 ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PETALUMA AMENDING THE TEXT OF SECTION 7.110 (SHORT TERM VACATION RENTALS) OF THE CITY'S IMPLEMENTING ZONING ORDINANCE, ORDINANCE 2300 N.C.S. WHEREAS, Section 25.010 of the City of Petaluma Implementing Zoning Ordinance ("IZO") provides in pertinent part that no amendment that regulates matters listed in Government Section 65850, which matters include the use and construction of buildings and structures, shall be made to the IZO unless the Planning Commission and City Council find the amendments to be in conformity with the General Plan and consistent with the public necessity, convenience, and general welfare in accordance with Section 25.050(B) of the IZO; and WHEREAS, on September 14, 2015 the City Council adopted Ordinance No. 2547 creating the Short -Term Vacation Rental Program ("Program") codified in Section 7.110 of the IZO; and WHEREAS, as adopted, Paragraph (M) of Section 7.110 established a sunset or expiration date of December 31, 2018 on which Section 7.110 would expire and no longer remain in effect unless extended or modified and extended by the City Council; and WHEREAS, on September 17, 2018 the City Council discussed the Program and provided feedback to staff to extend the sunset date in paragraph (M) of Section 7.110 to December 31, 2020 and to make other minor modifications to Section 7.110; and WHEREAS, the text amendments to Section 7.110 of the IZO that are contained in this Ordinance implement the City Council's direction to modify the Short -Term Vacation Rentals regulations in the City's IZO; and WHEREAS, on September 27, 2018, public notice of a public hearing at the October 9, 2018 Planning Commission meeting to consider the proposed amendments to Section 7.110 of the IZO as directed by the City Council was published in the Argus Courier as an eighth page ad; and WHEREAS, on October 9, 2018, the Planning Commission held a duly noticed public hearing in accordance with Chapter 25 of the IZO to consider the proposed amendments to Section 7.110 of the IZO; and WHEREAS, after the conclusion of the public hearing, the Planning Commission adopted Resolution No. 2018-30, recommending the City Council adopt the proposed amendments to Section 7.110 of the IZO; and WHEREAS, on October 18, 2018, public notice of a November 5, 2018 public hearing before the City Council to consider the proposed amendments to Section 7.110 of the IZO was published in the Argus Courier as an eighth page ad; and WHEREAS, on November 5, 2018, the City Council of the City of Petaluma held a duly noticed public hearing to consider proposed amendments to Section 7.110 of the IZO; NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF PETALUMA AS FOLLOWS: Section 1: Findings. The City Council of the City of Petaluma hereby finds: 1. The text amendments contained in Section 2 of this Ordinance are exempt from the California Environmental Quality Act ("CEQA") pursuant to Sections 15061(b)(3) and 15183 of the CEQA Guidelines in that the proposed text amendments are minor modifications to existing regulations that will only apply to specific locations and uses as governed by the Implementing Zoning Ordinance ("IZO"), Ordinance No. 2300 N.C.S. 2. In accordance with Sections 25.010 and 25.050(B) of the IZO, the proposed amendments to the IZO contained in Section 2are in general conformity with the Petaluma General Plan 2025 in that the amendments do not change the general character or impacts of current zoning regulations and implement the General Plan as outlined in the October 9, 2018 Planning Commission staff report, which staff report is hereby made a part of this Ordinance by reference. 3. In accordance with Section 25.050(B) of the IZO, the proposed amendments to the IZO are consistent with the public necessity, convenience, and welfare in that they update and clarify existing regulations and remove identified obstacles to the implementation of the zoning code, which implements the policies of the General Plan. Section 2. Amendments to IZO Section 7.110. The following provisions of Section 7.110 of the IZO, Ordinance 2300 N.C.S., are hereby modified as specified below: Provision (C)(5) of Section 7.110 of the IZO is hereby amended to read as follows: C.5. Advertising Short -Term Rentals. In every advertisement for the Short - Term Vacation Rental, the Permittee shall include the City issued Permit Number. It is a violation of this code to advertise a unit that does not have a valid short-term vacation rental permit. Provision (F) of Section 7.110 of the IZO is hereby amended to read as follows: F. Short -Term Vacation Rentals in Planned Unit Developments. A permit shall be issued for a short-term vacation rental in a residential Planned Unit Development unless said PUD guidelines explicitly prohibit short-term vacation rentals. Consistency with CC&Rs or other private covenants shall be the responsibility of the permittee and are not regulated by the City as part of the permitting process. Provision (M) of Section 7.110 of the IZO is hereby amended to read as follows: M. Sunset. Unless otherwise extended or modified and extended by action of the City Council, this Ordinance shall expire, and its terms shall no longer remain in effect as of midnight, December 31, 2020. Section 3 No Other Changes. Except as amended herein, the City of Petaluma Implementing Zoning Ordinance, Ordinance No. 2300 N.C.S. remains unchanged and in full force and effect. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be unconstitutional, unlawful or otherwise invalid by a court of competent jurisdiction or preempted by state legislation, such decision or legislation shall not affect the validity of the remaining portions f this ordinance. The City Council of the City of Petaluma hereby declares that it would have passed and adopted this ordinance and each and all provisions thereof irrespective of the fact that any one or more of said provisions be declared unconstitutional, unlawful, or otherwise invalid. Section 5. Effective Date. This ordinance shall become effective thirty (30) days after the date of its adoption by the Petaluma City Council. Section 6. Posting/Publishing of Notice. The City Clerk is hereby directed to publish or post this ordinance or a synopsis for the period and in a manner provided by the City Charter and other applicable law.