Agenda Item Wording:
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Second reading and adoption of Ordinance No. 2023-11 approving Zoning Text Amendment No. 2023-01, a request by the City of Visalia to amend Title 17 (Zoning) Chapter 17.32 Special Provisions to regulate Short-Term Rentals in single and multi-family residential zones Citywide.
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Deadline for Action: 11/6/2023
Submitting Department: Community Development
Contact Name and Phone Number:
Josh Dan, Senior Planner, josh.dan@visalia.city <mailto:josh.dan@visalia.city>, (559)713-4003
Paul Bernal, Community Development Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559)713-4025
Department Recommendation:
Conduct the second reading and adopt Ordinance No. 2023-11 for Zoning Text Amendment No. 2023-01.
Background Discussion:
On October 16, 2023, the City Council held a public hearing to consider Zoning Text Amendment No. 2023-01. The ZTA is a city initiated amendment to proposing to provide the framework for staff to implement a registration and permitting process for all short-term rentals occurring in all residential zones (i.e., R-1 and R-M zones) within the city.
At the meeting, a total of five (5) persons spoke, four in favor and one in opposition at the City Council meeting, and Council voted (4-0) to conduct the First Reading of Ordinance No. 2021-04 for Change of Zone No. 2021-02.
The second reading of the Ordinance is the final action the City Council takes in order for Zoning Text Amendment No. 2023-01 to take effect. Following the second reading and Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Clarification and Implementation of Council Direction:
At the October 16, 2023, City Council meeting, staff had been requested to implement the requirement of the STR ordinance to extend to all residential zones (i.e.: all R-1 and R-M zones) within the city. Additionally, one member from the public wanted clarification regarding occupancy stemming from the September 25, 2023, Planning Commission meeting. Both items are addressed below:
Residential Zones:
Staff has added the following clarifications to the beginning of the proposed ordinance to detail that the purpose of this ordinance is to regulate STRs in all residential zones. This includes all R-1 and R-M zone districts as listed: R-1-5, R-1-12.5, R-1-20, R-M-2, and R-M-3 zones:
Updated revision to Section 17.32.166.B
B. In addition to all other requirements of this chapter, and notwithstanding any contrary provisions in this Code, short-term rentals are subject to the following operational standards in all R-1 and R-M zones citywide:
Occupancy:
At the request of a member of the public regarding clarification on occupancy, staff listened to the audio file of the September 25, 2023, Planning Commission meeting. We found that the direction provided by the Planning Commission was to detail occupancy as two persons per room, plus one more. Based on this direction, staff has corrected the language and table in the proposed ordinance to reflect the following:
Updated revision to Section 17.32.166.B.7
7. The owner shall limit occupancy of a short-term rental property to a specific number of occupants. The following table sets forth the maximum number of occupants to two (2) per bedroom plus one (1):
|
Number of Bedrooms |
Total Occupants |
|
Studio - 1 |
3 |
|
2 |
5 |
|
3 |
7 |
|
4 |
9 |
|
5 |
11 |
|
6 |
13 |
Fiscal Impact:
None.
Prior Council Action:
On October 16, 2023, Council voted (3-2) to conduct the First Reading of Ordinance No. 2023-11 for Zoning Text Amendment No. 2023-01.
Other:
• September 25, 2023: The Planning Commission held a public hearing and voted 4-0 recommending approval to the City Council of Zoning Text Amendment No. 2023-01.
• August 28, 2023: The Planning Commission received a presentation and informative report regarding short-term rentals which included a synopsis of staff’s previous presentation to the City Council and explanation of directives received. The Planning Commission expressed agreement with Council’s directives.
Alternatives:
The City Council may, in lieu of the recommended motion, consider any of the following alternatives:
1. Refer all parts of the ordinance back to the Planning Commission for further review; or
2. Direct staff to not process any amendments to Visalia Municipal Code Section 17.32; or
3. 3. Continue the matter to a future City Council hearing for additional information.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to approve the second reading of Ordinance No. 2023-11 for Zoning Text Amendment No. 2023-01.
end
Environmental Assessment Status:
The requested action is considered exempt under Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA).
CEQA Review:
The requested action is considered exempt under Section 15061(b)(3), Per Section 15061(b)(3) of the State Guidelines for the California Environmental Quality Act (CEQA). A Notice of Exemption has been prepared for the project because Section 15061 (b) (3) states that the project is exempted from CEQA if the activity is covered by the commonsense exemption that CEQA applies only to projects that have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. The proposed text amendment to establish performance standards for smoke shops will not have a significant effect on the environment.
Attachments:
• Attachment 1 - Ordinance No. 2023-11