Agenda Item Wording:
title
Ordinance Adoption - Second reading and adoption of Ordinance No. 2024-12 approving Zoning Text Amendment No. 2024-04, a request to amend Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.
body
Deadline for Action: 12/16/2024
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, Planning and Community Preservation Director, paul.bernal@visalia.city <mailto:paul.bernal@visalia.city>, (559)713-4025
Department Recommendation:
Although it is standard practice to recommend the City Council conduct the second reading and adopt Ordinance No. 2024-12, for Zoning Text Amendment No. 2024-04, amending Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals, staff concludes there are further revisions to this ordinance that should be considered by the City Council at a future meeting that will help eliminate redundances in City processing requirements and the annual renewal fee for STR applications, and therefore staff recommends the second reading be referred back to staff.
Background Discussion:
On November 18, 2024, the City Council held a public hearing to consider Zoning Text Amendment No. 2024-12. The ZTA is a city-initiated amendment proposing to amend the Visalia Municipal Code Title 17 (Zoning Ordinance), Chapter 17.32.166 Short-Term Rentals to add language requiring applicants to reapply and to include fines for non-compliance, citywide.
There was no public comment at the meeting and the City Council voted (3-2) to conduct the First Reading of Ordinance No. 2024-12 for Zoning Text Amendment No. 2024-04.
The Second reading of the Ordinance is the final action the City Council takes in order for Zoning Text Amendment No. 2024-04 to take effect. Following the second reading the Council adoption, the ordinance will go into effect 30 days following adoption of the second reading.
Fiscal Impact: None.
Prior Council Action:
• May 1, 2023, City Council Work Session: The City Council, on a 5-0 vote, directed staff to analyze potential operational standards for short-term rentals, and begin a Zoning Text Amendment.
• October 16, 2023: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Amendment No. 2023-01 (Ordinance No. 2023-11), 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.
• November 6, 2023: The City Council, on a 4-1 vote, approved the second reading of Ordinance No. 2023-11 was held and served as the final action the City Council took in order for Zoning Text Amendment No. 2023-01 to take effect 30 days following adoption of the second reading.
• February 20, 2024: Staff presented an update on the STR ordinance and included additional information that could be further considered to help in getting STR owners/operators legally permitted. During the discussion of this work session item, a majority of City Council concluded that due to the limited data provided on STR application submittals, staff should return in six months to update the Council on the Ordinance’s implementation and to determine if additional measures would be merited to get STR owners/operators legally permitted.
• September 3, 2024: Staff presented an update on the outreach and permit implementation thus far, and presented additional measures by which staff could get STR operators into compliance as Council had directed six-months prior. At the conclusion of the meeting, Council had approved the recommendation of staff to amend the STR Ordinance (Chapter 17.32.166) to address compliance fee assessment and incorporate annual permitting requirements, as well as approve staff to solicit software services that may help in capturing STRs that have not applied for the appropriate City permits and licenses.
• November 18, 2024: The City Council, on a 3-2 vote, approved the first reading of Zoning Text Amendment No. 2024-04 (Ordinance No. 2024-12), proposing the addition of language requiring applicants to reapply annually and to include fines for non-compliance, Citywide.
Other:
• On November 12, 2024: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2024-04, to the City Council.
• On September 25, 2023, the Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2023-01, to the City Council.
• On 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. Continue the matter to a future City Council hearing for additional information.
Recommended Motion (and Alternative Motions if expected):
recommendation
I move to refer all parts of the ordinance back to the staff for further review, and direct staff to return the ordinance for the appropriate processing at a future City Council meeting.
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) 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:
1. Attachment 1 - Ordinance No. 2024-12