Agenda Item Wording:
title
Public Hearing and Introduction of the first reading of Ordinance No. 2023-11 for 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-family residential zones, Citywide.
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Deadline for Action: 10/16/2023
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:
Staff recommends that the City Council hold a public hearing and introduce the first reading of Ordinance No. 2023-11, amending Title 17 (Zoning) Chapter 17.32 Special Provisions to regulate Short-Term Rentals in the single-family residential zones, Citywide.
Summary:
On May 1, 2023, staff conducted a work session with City Council on the subject of Short-Term Rentals (STRs) based on complaints several Councilmembers received from local residents earlier in the year. The work session detailed how the City currently addresses STRs and provided examples of regulations other agencies have implemented. The City Council received the presentation, accepted comments from STR operators and members of the public, and considered various proposals that could be incorporated into an STR Ordinance. The City Council expressed their desire to have staff prepare an ordinance to regulate STRs rather than relying on staff’s current process. The City Council directed staff to prepare a draft ordinance with all the provisions presented by staff at the work session.
The proposed ordinance, as summarized in this report and attached, provides the framework for staff to implement a registration and permitting process for all short-term rentals occurring in traditional single-family residential zones (i.e., R-1 zones) within the city. This ordnance does not address the potential of short-term rentals occurring in multi-family residential zones nor does it limit the number of SRT’s in residential zones. Should the City Council desire the inclusion of multi-family zones areas or a limitation on number as part of the ordinance update, staff will proceed with another amendment to this ordinance, after the proposed ordinance is adopted, to address STR’s in multi-family zones.
Police Staff and Code Enforcement staff have reviewed the draft ordinance and their comments were taking in to consideration in the process.
Background Discussion:
The City of Visalia Title 17 “Zoning” provides a precise and detailed plan for the use of land within the city, and more precisely works to achieve the policies and objectives of the General Plan. Similarly, of the various chapters in Title 17 Zoning, Chapter 17.32 Special Provisions has served as a chapter of the Zoning Ordinance to address items which have not otherwise been explicitly address in specific zones but work to structure performance standards or operational standards for specific uses or within specified zones. ZTA No. 2023-01 is a city-initiated request to implement objective Short-Term Rental (STR) operational standards.
STRs have gained popularity in the City but are not explicitly listed in the municipal code. A STR is defined in California Government Code Section 36900(d)(2) as a residential dwelling, or any portion of a residential dwelling, that is rented to a person or persons for 30 consecutive days or less. (Please note this definition excludes State licensed group homes and board and care facilities, which are defined in the Zoning Ordinance.) STRs are commonly reserved through third-party internet hosting platforms such as Airbnb and VRBO. In addition, guests may also book STRs through travel sites such as Expedia or Hotwire, or directly with a homeowner or tenant via social media platform marketplaces or word of mouth.
Proposed Short-Term Rental Ordinance:
Based on the direction provided by City Council and input received from the Planning Commission, staff analyzed suitably structured objective operational standards. These standards, as outlined below, are crafted to address public concerns, process operator application requests, and regulate STRs via codified objective standards. As the State definition above [California Government Code Section 36900(d)(2)] details, the use would only be permissible within residential dwellings. staff has structured the proposed ordinance, as summarized below, to regulate the use within single-family residential zones.
Short-term Rental Permits (VMC Section 17.32.166):
Staff has drafted the following Section 17.32.166 for Short-Term Rental objective operational standards. The ordinance solidifies Council’s direction by providing objective standards to address the use in residential zones. The new code section to be added to the Special Provisions chapter of the Zoning Ordinance is listed below:
Section 17.32.166 Short-term rental permits.
This new section identifies how STR applications will be processed administratively by the City Planner, which is consistent with the processing procedures used for Administrative Adjustments (Chapter 17.04) and Temporary Conditional Use Permit (Chapter 17.38) processes. Approval of an STR application through an administrative process will be subject to the proposed codified requirements as noted below and as contained in the attached ordinance. In addition to the processing requirements, this section also provides definitions related to the operational standards as noted below.
Section 17.32.166.B, Definitions
The following are definitions that will be incorporated into the new STR ordinance. Planning Commission recommended revisions have been incorporated into the definitions.
• “Local contact person” shall mean a person designated by an owner or the owner’s agent, who, if designated to act as such, shall be available to respond to notification of a complaint regarding the dwelling within forty-five (45) minutes, and take remedial action necessary, as required under subsection “4” of this section. A local contact person may be the owner or the owner’s agent.
• “Occupant” shall mean any person who is on or in a short-term rental property other than service providers or the owner, whether or not the person stays overnight.
• “Operator” shall mean the owner or the designated agent of the owner who is responsible for compliance with this section.
• “Owner” shall mean the person(s) or entity(ies) that holds legal or equitable title to a dwelling.
• “Short-term rental” shall mean the rental of a dwelling or a portion thereof by the owner to another person or group of persons for occupancy, dwelling, lodging or sleeping purposes for a period of less than thirty (30) consecutive calendar days. The rental of units within City-approved hotels, motels, bed and breakfasts, and time-share projects shall not be considered to be a short-term rental.
Objective Operational Standards
In addition to noted changes above, Section 17.32.166.2 through 20 contains operating standards to ensure that both owners/operators and renters of STRs are aware of local requirements. The following are a few notable operating standards while the entire STR ordinance is contained in the attached Ordinance No. 2023-11 to this report.
Section 17.32.166.4: This section addresses the requirement that the STR operator provide contact information so that if an issue arises while the residential unit is occupied, that the owner/operator is made available to respond to issues immediately.
Language contained in Section 17.32.166.4: While a short-term rental is rented, the owner or a local contact person shall be available by telephone twenty-four (24) hours per day, seven (7) days per week to respond to complaints regarding the use, condition, operation or conduct of occupants of a short-term rental. The owner or a local contact person must be on the premises of the short-term rental at the request of an enforcement officer of the City’s Police Department within forty-five (45) minutes of contact to satisfactorily correct or take remedial action necessary to resolve any complaint, alleged nuisance or violation of this chapter by occupants occurring at the short-term rental property. Failure of the owner or a local contact person to respond to calls or complaints in a timely and appropriate manner shall be grounds for imposition of penalties as set forth in this chapter and/or Chapter 1.13. Administrative Code Enforcement Procedures and Penalties.
Section 17.32.166.5: This section addresses overnight lodging and prohibits the use of the STR has venue for events.
Language contained in Section 17.32.166.5: A Short-term rentals shall be used only for overnight lodging accommodations. At no time shall a short-term rental unit or short-term rental property be used for activities in excess of the occupancy limits established in subsection 7 of this section, or for weddings, receptions, parties, commercial functions, advertised conferences, or other similar assemblies that are separate from the purpose of lodging.
Section 17.32.166.7: This section addresses total occupant requirements.
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:
|
Number of Bedrooms |
Total Occupants |
|
Studio - 1 |
3 |
|
2 |
6 |
|
3 |
9 |
|
4 |
12 |
|
5 |
15 |
|
6 |
18 |
If the STR permit for short-term rental limits occupancy to a number less than that shown on the table, the limit in the permit shall govern.
In addition, the proposed STR ordinance does not quantify the number of children permitted in an STR as an additional metric to limit occupancy. Through staff’s research of other jurisdictions STR ordinances, the quantifiable metric used to establish maximum occupancy is adults. The Planning Commission directed staff not to specify whether the occupants are children or adults, but rather apply a three (3) persons per room count. This recommendation is incorporated into the table above.
Section 17.32.166.11: This section addressed parking requirements.
Language contained in Section 17.32.166.11: This section requires that all vehicles related to the occupants of a short-term rental unit shall be parked only in an improved driveway or garage on the short-term rental property. The maximum number of vehicles allowed on a short-term rental property shall be limited to the number of available off-street parking spaces; however, such property must have a minimum of two (2) off-street parking spaces.
Sections 17.32.166.13 and 14: These two sections address noise issues to ensure occupants of a short-term rental do not create noise disturbances within a neighborhood.
Language contained in Section 17.32.166.13: Notwithstanding Visalia Municipal Code Section 9.32.040, no musical instrument(s), phonograph, loudspeaker, amplified or reproduced sound, or any machine or device for the production or reproduction of any sound shall be used outside or be audible from the outside of a short-term rental unit between the hours of 7:00 p.m. and 6:00 a.m.
Language contained in Section 17.32.166.14: Occupants shall not engage in outdoor activities on a short-term rental property between the hours of 10:00 p.m. and 6:00 a.m., such as the use of swimming pools, hot tubs, spas, tennis and paddleboard courts, play equipment and other similar and related improvements. The hours between 10:00 p.m. and 6:00 a.m. are considered to be “quiet time,” where all activities at a short-term rental property shall be conducted inside of a short-term rental unit so that no outdoor activity will disturb the peace and quiet of the neighborhood adjacent to a short-term rental property or cause discomfort or annoyance to any reasonable person of normal sensitivity residing in the area.
Section 17.32.166.20: This section ensures that only one dwelling unit on a site can be used for the purposes of a Short-term rental, thereby prohibiting the use of an ADU or JADU alone or in addition to the primary dwelling from being rented out as a short-term rental.
Language contained in Section 17.32.166.20: Short-term rentals shall not exceed one unit per parcel in any residentially zoned district.
Section 17.32.166.C and D: These two sections address the revocation process for a short-term rental permit and the appeal process for an operator/owner of short-term rental to follow in the event they seek to appeal a revocation determination. This provides the City with the ability to enact swift appropriate actions to resolve the use of an STR when substantiated claims are proven that the use has become a nuisance to the surrounding residential neighborhood.
Language contained in Section 17.32.166.C: A short-term rental permit shall be revoked by the city planner upon violation of any condition or regulation, or any limitation of any permit issued, unless such violation is corrected within ten (10) days of notice of such violation. Any permit may be revoked if three or more violations occur within a one-year period or the required transient occupancy tax payments are not made to the City as required under Chapter 3.28.
Language contained in Section 17.32.166.D: In the event of denial or revocation, or objections to limitations placed thereon, an appeal may be made in writing to the planning commission. Such appeal shall be filed with the city planner, in writing, within ten (10) business days after notification of the denial or revocation, with payment of appeal fees in the same amount as required for the appeal of a site plan review permit as provided in Chapter 17.28. The planning commission shall review and either uphold or deny the city planner decision. The decision of the planning commission shall be final unless appealed to the city council pursuant to Section 17.02.145.
For the full text of the ordinance, please refer to the attached Ordinance No.2023-11.
Planning Commission Public Hearing:
On September 25, 2023, the Planning Commission held a public hearing for ZTA No. 2023-01. During the public hearing, two individuals spoke in support of the proposed zone text amendment. Although one person expressed support for a complete prohibition of STRs in Visalia, they ultimately expressed support for regulatory framework and requested that staff’s initial consideration of two adults per bedroom be reconsidered when establishing occupancy. The second individual expressed concern for the short-term rental use occurring next door to her residence. There were no comments received in opposition to the proposed ordinance. The Planning Commission had several questions regarding the draft ordinance and recommended revisions to various sections within the ordinance to clarify the overall purpose for those sections. The Planning Commission revisions are incorporated in the staff report and the attached Ordinance No. 2023-11.
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.
Other:
• 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.
• September 25, 2023: The Planning Commission voted 5-0 to recommend approval of Zoning Text Amendment No. 2023-01, to the City Council.
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 introduce the first reading of Ordinance No. 2023-11 for Zone 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
Attachment 2 - “Draft” Short-Term Rental Application
Attachment 3 - Planning Commission Staff Report dated September 25, 2023