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HomeMy WebLinkAboutPC 2022-19A. PLANNING COMMISSION RESOLUTION NO. 2022-19 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR RECOMMENDING TO THE CITY COUNCIL APPROVAL OF PROPOSED AMENDMENTS TO THE DIAMOND BAR MUNICIPAL CODE BY ADDING SECTION 5.08,050 (SHORT-TERM RENTALS) OF TITLE 5 AND AMENDING SECTION 22,80,020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT CODE) TO CLARIFY THE EXISTING PROHIBITION ON SHORT-TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS - PLANNING CASE NO, PL2022-83. RECITALS The number of short-term rentals of residential dwelling units has grown in recent years in the City of Diamond Bar ("City") and in many other communities. This is largely due to hosting platform websites such as Airbnb and VRBO that can provide an easy connection between property owners and individuals looking for short-term rental housing. Many travelers are now using short-term vacation rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns. The City has at all times considered short-term rentals as unpermitted uses within all residential zones and has used its code enforcement powers against property owners using residential properties in this manner. The commercial nature of short-term rentals is incompatible with the character of residential neighborhoods for reasons which include, but are not limited to the following: (1) short-term rental properties are subject to ever -changing tenants which results in surrounding neighbors not becoming familiar with the property's inhabitants, which detrimentally affects crime prevention efforts, including, but not limited to, Neighborhood Watch; (2) short-term renters have less motivation to be good neighbors due to the transient nature of their stay; (3) because short-term renters are typically on vacation, loud parties are more frequent and more frequently occur during the middle of the week, negatively impacting the quiet use and enjoyment of nearby neighbors of their own properties; (4) short-term rentals are more likely to be occupied by several families and/or large numbers of adults which results in additional vehicle trips and parking demand; and (5) it has been the City's experience that short-term rentals place inordinately larger demands on police services primarily due to noise complaints associated with loud parties. Short-term rentals have been primarily located in the City's single-family neighborhoods, the characteristics of which include: (Downer -occupied homes consisting of a single family which typically will remain in the home for a number of years; (2) long-term tenants with similar characteristics as the owner -occupied home; (3) neighbors who develop friendships which can last years or even a lifetime and who share life experiences over the span of years; and (4) neighbors who watch over each other's properties and have some familiarity with who may or may not belong on the property. Occupants of short-term rentals do not share these single-family residential characteristics. 5. In adopting the proposed amendments, the City seeks to clarify the existing condition (i.e., that short-term rentals are not a permitted use in residential zones) to, in part, ensure that potential purchasers of residential properties in the City have no reasonable expectation in making their purchasing decision that the residential property can be put to such a use. 6. In adopting the proposed amendments, short-term rentals, home sharing, and the advertisement thereof, does not amend the General Plan but is consistent with all provisions of the General Plan to protect neighborhoods from nuisances and other adverse effects resulting from improper operation of short-term rentals and home sharing. The City has established goals and policies to address the development, maintenance and improvement of the housing stock to provide adequate housing in the city, both in quality and quantity, and to provide appropriate shelter for all without discrimination. If homes are utilized for transient occupancy, they are no longer part of our housing stock. Prohibiting home sharing is also a way to preserve affordable housing opportunities as rooms and secondary units can be used for permanent housing rather than transient stays. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. Prohibiting short-term rental and home sharing is consistent with the following General Plan and Housing Element goals and policies: Land Use and Economic Development Goal LU-G-6: Preserve existing residential neighborhoods to retain the qualities Diamond Bar residents love, such as easy access to preserved natural open spaces, while supporting and encouraging well -designed, complete neighborhoods with safe streets, access to shopping and services, and community parks and gathering places. Goal LU-G-7: Promote a variety of housing and neighborhood types that respond to a range of income, household sizes, and accessibility levels. Goal LU-G-18: Encourage a diversity of housing types and products Housing Element Goal H-G-1: Preserve and conserve the existing housing stock and maintain property values and residents' quality of life. Policy H-P-1.3: Promote increased awareness among property owners and residents of the importance of property maintenance to long-term housing quality. 8. Pursuant to Government Code Sections 65090, a notice of at least 1/8 page display was published in the San Gabriel Valley Tribune newspaper on October 14, 2022, and a copy of the public notice was posted at the City's designated community posting sites. 9. The City has determined that the proposed Municipal Code Amendment is not subject to the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations, Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above. 10. On October 25, 2022, the Planning Commission held a duly noticed public hearing regarding the proposed Municipal Code Amendment reflected in the draft ordinance attached hereto as Exhibit "A" and incorporated by reference into this Resolution, and duly considered all public testimony, evidence, and staff analysis. 2 MCA PL2022-83 -Short-Term Rentals 11. All legal prerequisites to the adoption of this Resolution have occurred. B. RESOLUTION NOW, THEREFORE, it is found, determined and resolved by the Planning Commission of the City of Diamond Bar as follows: 1. This Planning Commission hereby specifically finds that all of the facts set forth in the Recitals, Part A, of this Resolution are true and correct. 2. Based on the findings and conclusions set forth above, the Planning Commission hereby recommends that the City Council approve Municipal Code Amendment No. PL2022-83 by adopting amendments to Title 5 and Title 22 of the Diamond Bar Municipal Code described in the draft ordinance attached hereto as Exhibit "A" and incorporated herein by reference. The Planning Commission Secretary shall: (a) Certify to the adoption of this Resolution; and (b) Forthwith transmit a certified copy of this Resolution to the City Council of the City of Diamond Bar. APPROVED AND ADOPTED THIS 25TH DAY OF OCTOBER, 2022 BY THE PLANNING COMMISSION OF THE CITY OF DIAMOND BAR. By: Raymo d Wolfe, Chairperson I, Greg Gubman, Planning Commission Secretary, do hereby certify that the foregoing Resolution was duly introduced, passed, and adopted, at a regular meeting of the Planning Commission held on the 25th day of October, 2022, by the following vote: AYES: Commissioners: Greg Gubman, Secretary BarlasVC/MkChair/Wolfe , o, None Garg, Rawlings None 3 MCA Pr2022-83 -Short-Term Rentals Exhibit A ORDINANCE NO, 2022-XX AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DIAMOND BAR, CALIFORNIA, ADDING SECTION 5,08.050 (SHORT-TERM RENTALS) OF TITLE 5 AND AMENDING SECTION 22,80.020 (DEFINITIONS OF SPECIALIZED TERMS AND PHRASES) OF TITLE 22 (DEVELOPMENT CODE) OF THE DIAMOND BAR MUNICIPAL CODE TO CLARIFY THE EXISTING PROHIBITION ON SHORT-TERM RENTALS IN RESIDENTIAL NEIGHBORHOODS. WHEREAS, the number of short term rentals of residential dwelling units has grown in recent years in the City of Diamond Bar ("City") and in many other communities. This is largely due to hosting platform websites such as Airbnb and VRBO that can provide an easy connection between property owners and individuals looking for short- term rental housing. Many travelers are now using short-term vacation rentals in lieu of more traditional commercial lodging options such as hotels, motels and bed and breakfast inns; WHEREAS, the City has at all times considered short-term rentals as unpermitted uses within all residential zones and has used its code enforcement powers against property owners using residential properties in this manner; WHEREAS, the commercial nature of short-term rentals is incompatible with the character of residential neighborhoods for reasons which include, but are not limited to the following: (1) short-term rental properties are subject to ever -changing tenants which results in surrounding neighbors not becoming familiar with the property's inhabitants, which detrimentally affects crime prevention efforts, including, but not limited to, Neighborhood Watch; (2) short-term renters have less motivation to be good neighbors due to the transient nature of their stay; (3) because short-term renters are typically on vacation, loud parties are more frequent and more frequently occur during the middle of the week, negatively impacting the quiet use and enjoyment of nearby neighbors of their own properties; (4) short-term rentals are more likely to be occupied by several families and/or large numbers of adults which results in additional vehicle trips and parking demand; and (5) it has been the City's experience that short-term rentals place inordinately larger demands on police services primarily due to noise complaints associated with loud parties; WHEREAS, short-term rentals have been primarily located in the City's single- family neighborhoods, the characteristics of which include: (1) owner -occupied homes consisting of a single family which typically will remain in the home for a number of years; (2) long-term tenants with similar characteristics as the owner -occupied home; (3) neighbors who develop friendships which can last years or even a lifetime and who share life experiences over the span of years; and (4) neighbors who watch over each other's properties and have some familiarity with who may or may not belong on the property. Occupants of short-term rentals do not share these single-family residential characteristics; Ordinance No. XX (2022) WHEREAS, in adopting the proposed amendments, the City seeks to clarify the existing condition (i.e., that short-term rentals are not a permitted use in residential zones) to, in part, ensure that potential purchasers of residential properties in the City have no reasonable expectation in making their purchasing decision that the residential property can be put to such a use; WHEREAS, in adopting the proposed amendments, short-term rentals, home sharing, and the advertisement thereof, does not amend the General Plan but is consistent with all provisions of the General Plan to protect neighborhoods from nuisances and other adverse effects resulting from improper operation of short-term rentals and home sharing; and WHEREAS, the City has established goals and policies to address the development, maintenance and improvement of the housing stock to provide adequate housing in the city, both in quality and quantity, and to provide appropriate shelter for all without discrimination. If homes are utilized for transient occupancy, they are no longer part of our housing stock. Prohibiting home sharing is also a way to preserve affordable housing opportunities as rooms and secondary units can be used for permanent housing rather than transient stays. A reduction in permanent housing units can put an upward pressure on rental prices and negatively affect housing affordability. Prohibiting short-term rental and home sharing is consistent with the following General Plan and Housing Element goals and policies: Land Use and Economic Development • Goal LU-G-6: Preserve existing residential neighborhoods to retain the qualities Diamond Bar residents love, such as easy access to preserved natural open spaces, while supporting and encouraging well -designed, complete neighborhoods with safe streets, access to shopping and services, and community parks and gathering places. • Goal LU-G-7: Promote a variety of housing and neighborhood types that respond to a range of income, household sizes, and accessibility levels. Goal LU-G-18: Encourage a diversity of housing types and products. Housing Element • Goal H-G-1: Preserve and conserve the existing housing stock and maintain property values and residents' quality of life. • Policy H-P-1.3: Promote increased awareness among property owners and residents of the importance of property maintenance to long-term housing quality. WHEREAS, on October 25, 2022, the Planning Commission held a duly noticed public hearing regarding proposed amendments to the Municipal Code, and adopted Resolution No. 2022-XX recommending City Council approval of said Municipal Code Ordinance No. XX (2022) amendments; and WHEREAS, on November 15, 2022, the City Council held a duly noticed public hearing regarding the proposed Municipal Code Amendment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DIAMOND BAR DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Subsection (s) of Section 22.80,020 (Definitions of specialized terms and phrases) of Title 22, Chapter 22.80 of the Diamond Bar Municipal Code is amended as follows to add the definitions of "short-term occupancy" and "short-term rental," as follows (deletions in s4 ethroug text and additions shown in double underline): (s) Definitions, "S." The following definitions are in alphabetical order: Short -Term Occupancy. The use or possession or right to use or possess, of anv portion of a dwellingunit room or rooms offered for remuneration for dwelling, lodgina or sleeping purposes for a period of less than 30 days Short-term occupancy is prohibited in all residential zoning districts. Short -Term Rental The use of any dwelling unit or any portion thereof, for short- term occupancy, Short-term rentals are prohibited in all zonina districts. Section 2. A new Section 5.08.050 (Short-term rentals) of Title 5, Chapter 5.08 of the Diamond Bar Municipal Code is added as follows (deletions in st ' k *ter^ g; text and additions shown in double underline): Section 5.08.050, — Short-term rentals (a) Short-term occupancy and short-term rental shall have the same meaninas as provided in Title 22 Development Code (b) It is a violation of this Code for an owner or lessee of property or any agent thereof, to rent a dwelling unit or anv portion thereof, for short-term occupancy or as a short-term rental as such terms are defined in Subsections) of Section 22.080.020. (c) It is a violation of this Code for an owner or lessee of property or any agent thereof, to place or permit to be placed any printed or lettered announcernent. whether in a magazine newspaper, handbill notice display, billboard poster, email Internet website or application or any other form of advertisement for a short-term occupancy or short-term rental in a zoning district in which such uses are not permitted. (d) Violation of this Section shall constitute a misdemeanor as set forth pursuant to Section 1,04.0101 Ordinance No. XX (2022) Section 3. The adoption of this Ordinance is not a project within the meaning of the California Environmental Quality Act ("CEQA") pursuant to Title 14, California Code of Regulations, Section 15061(b)(3), in that it can be seen with certainty that there is no possibility that the Ordinance may have a significant effect on the environment because the Ordinance will not cause either a direct physical change in the environment, or a reasonably foreseeable indirect physical change in the environment, in that it simply clarifies existing conditions, which are that short-term occupancies and short-term rentals are not a permitted use in the City's residential zoning districts. In addition, it is categorically exempt pursuant to Title 14, California Code of Regulations, Section 15305 as a minor alteration in land use limitations in that it will not result in any changes in land use or density for the reasons set forth above. Section 4. Severability. If any section, clause, phrase, word or portion of this Ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each other section, clause, phrase, word or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, words or portions thereof be declared invalid or unconstitutional. Section 5. The City Clerk shall attest and certify to the passage and adoption of this Ordinance within 15 days after adoption, cause it to be published or posted in accordance with California law, and it shall be effective 30 days after adoption pursuant to Government Code Section 36937, PASSED, APPROVED and ADOPTED this 6th day of December, 2022 THE CITY OF DIAMOND BAR: Ruth Low, Mayor ATTEST: I, Kristina Santana, City Clerk of the City of Diamond Bar, do hereby certify that the foregoing Ordinance was introduced at a regular meeting of the City Council of the City of Diamond Bar held on the 15th day of November, 2022, and was duly adopted at a regular meeting of the City Council of the City of Diamond Bar held on the 6th day of December, 2022, by the following vote: C! Ordinance No. XX (2022) AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: 5 Kristina Santana, City Clerk