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SR-400-011 (4)7 r ~•~"~~~ a ~~,.:;~..°i „'~~f~ ~ ~d ~a ~2~~s) ~ JUN 19 ?.t1D1 PCD:SF:JT:AS: PF\f:\plan~share\council\strpt\rentalhsgext.doc Council Mtg: June 19, 2001 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Emergency Interim Ordinance Extending Ordinance Number 2011(CCS) Establishing a Moratorium on the Development of and Conversion to New Short-Term Rental Housing. INTRODUCTION This report recommends that the City Council adopt an emergency interim ordinance to extend for two years an interim ordinance establishing a moratorium on the development of short-term rental housing and the conversion of existing multi-family developments to this form of housing. On May 22, 2001 the City Council adopted Ordinance Number 2011 (CCS), a 45-day interim ordinance that established a moratorium on this use. This ordinance will expire on July 6, 2001 unless the praposed interim emergency ordinance (Attachment A) is adopted. BACKGROUND Ordinance Number 2011 {CCS) established a moratorium on short-term rental housing to allow for further review of the potential deleterious impacts which the proliferation of short- term housing may have on established residential neighborhoods and upon the City as a whole. Concerns regarding short-term rental housing include the potential adverse impacts such uses may have on the City and the character of residential neighborhoods in 1 ~uN ~ 9 za~i particular; the introduction of a commercial use into residential zones; the rieed for representative taxes similar to that paid by hotel operators; and if there is a need for this type of housing alternative. Other issues associated with short-term rental housing relate to existing development standards and the appropriateness of applying development bonuses that were intended to encourage long-term residential opportunities in commercial districts. In response, pursuant to Council direction, regulatory options, entitlement procedures and taxing alternatives will be evaluated during the term of the em~rgency interim ordinance. The 45-day interim ordinance and proposed ordinance extension affects any projec:t whose application was not deemed complete for filing by May 22, 2001 This Ordinance is not applicable to a property in which the owner can establish a vested right to develop or operate a short-term rental housing project. DISCUSSION Staff recc>mmends adoption of the proposed emergency interim ordinance to extend for two years Ordinance Number 2011 (CCS). This extension will allow for a comprehensive planning process to evaluate the regulatory options for short-term rental housing. I'ending conclusion of this process, an ordinance will be submitted to the City Council that will recomm~nd development standards, an entitlement process, and taxes for short-term rental housing, if applicable. Adopting a two year term for the proposed em~rgency ordinance will provide staff with sufficient time to complete other pending projects prior to 2 commencing this study. CEQA STATUS The proposed emergency interim ordinance is exempt from CEQA pursuant to CEQA Guidelines Sections 15061 {b)(3). Section 15061(b)(3) provides that CEQA only applies to those projects that have the potential for causing a significant effect on the environment. The proposed moratorium on short-term rental housing does not have this potential. Instead, the proposed emergency interim ordinance is environmentally beneficial as it will preclude development of a use that has the potential to adversely impact the character and quali#y of life in the City's residential neighborhoods. CONCLUSION The proposed emergency interim ordinance is necessary to allow for a comprehensive planning process that will address the impacts of short-#erm rental housing in the community. BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impacts. RECOMMENDATION It is respectfully recommended that the City Council adopt the emergency interim ordinance included in Attachment A. 3 Prepared by: Suzanne Frick, Director Jay M. Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Planning and Community Development Department Attachment: A: Proposed Emergency Interim Ordinance B: Notice of Public Hearing C. 5/22/01 Council Staff Report 4 ATTACHMENT A ATTAC H M E N T B NOTICE OF A PUBLIC HEARING BEFORE THE SANTA MONICA CITY COUNCIL SUBJECT: PROPOSED EMERGENCY INTERIM ORDINANCE EXTENDING AN EXISTING INTERIM ORDINANCE ESTABLISHING A MORATORIUM OR THE DEVELOPMENT OF AND CONVERSION TO NEW SHORT-TERM RENTAL HOUSING. WHEN: Tuesday, June 19, 2001 at 7:00 p.m. WHERE: City Hall Council Chambers 1685 Main Street Santa Monica, California PROJECT DESCRIPTION The City Council will conduct a public hearing to consider adoption of an emergency interim ordinance extending, for a two-year period, an interim ordinance adopted on May 22, 2001. The proposed emergency interim ordinance will establish a moratorium on the development of short-term rental housing and the conversion of existing multi-family developments to this form of housing. HOW TO COMMENT You may comment at the City Council public hearing, or by writing a letter. Written information received before 3:00 p.m. on the Wednesday before the hearing will be given to the City Council in their packet. Information received after that time will be given to the City Council prior to the meeting. Address your letters to: City Clerk 1685 Main Street, Room 102 Santa Monica, CA 90401 MORE INFORMATION For more information about this project, please contact Amanda Schachter, Principal Planner at (310) 458-8341 or via e-mail at amanda-schachter@santa-monica.org. Information is also available on the City's web site at www.santa-monica.org. The meeting facility is handicapped accessible. If you have any disability-related request, please contact 310/458-8701 or TTY 310/ 458-8696 at least three days prior to the event. Santa Monica Bus Lines 1, 2, 3 and 7 serve City Hall. Pursuant to California Government Code Section 65009(b), if this matter is subsequently challenged in Court, the challenge may be limited to only those issues raised at the Public Hearing described in this notice, or in written correspondence delivered to the City of Santa Monica at, or prior to, the Public Hearing. ESPAIVOL EI Concilio Municipal de la ciudad de Santa Monica tendra una audencia publica para revisar applicaciones proponiendo desarrollo en Santa Monica. Para mas informacion, Ilame a Carmen Gutierrez al numero (310) 458-8341. APPROVED AS TO FORM ,J Ni. TREVINC7, AICP P rtir~g Manager F:\PLAN\SHARE\COUNCIL\NOTICES\shortterm.rentalhsng.doc ATTACHMENT C PCD:SF:JT:AS:JL:f:\plan\share\council\strptlrental housing moratorium.doc Council Mtg: May 22, 2001 Santa Monica, California TO: Mayor and City Council FROM: City Staff SUBJECT: Recommendation to Adopt an Emergency Interim Ordinance Establishing a Moratorium on the Development of and Conversion to New Short-Term Rental Housing. INTRODUCTION This report recommends that the City Council adopt an emergency interim ordinance that establishes a moratorium on the development of short-term rental housing and the conversion of existing multi-family developments to this form of housing. Adoption of the ordinance is necessary to allow further review of the potential deleterious impacts which the proliferation of short-term housing may have on established residential neighborhoods and upon the City as a whole. Development of regulatory and entitlement standards as well as potential taxing alternatives must also be evaluated to ensure short-term housing projects are compatible with existing and future developments and to ensure consistency with the City's development review process. BACKGROUND On April 10, 2001, the City Council considered written and oral testimony from several residents and business owners regarding short-term rental housing in the community. Comments included concern about the potential adverse impacts such uses have on the residential character of a neighborhood; the introduction of a commercial use in residential zones; the need for representative taxes similar to that paid by hotel operators; and, from the proponents of short-term housing, the need for this type of housing alternative and concern regarding future reg~latory requirements. The proposed interim emergency ordinance is intended to prohibit new development or conversions of existing niulti-family residences to short-term rental housing while the concerns expressed by the community and City Council are evalNated. The interim emergency ordinance would expire on July 6, 2001, unless o~herwise extended pursuant to applicable municipal regulations, and would not apply ~~o property owners who can establish a vested right to develop or operate a short-t~erm rental housing project. DISCUSSION h Short-term rental housing is a housing alternative that provides te ~ porary housing in ~ fully furnished apartment-like unifs. Short-term rental housing is most often used by corporate travelers; however, vacationers, future residents and individuals remodeling homes or facing other temporary circumstances also use short-term housing. This type of housing is typically characterized by the average length of stay d~f an individual, the amenities offered, and the manner in which the housing altern~ative is marketed, Typically, short-term rental housing is designed for use by individuals who will occupy a unit more than 30 days but who intend that their occupancy witl be temporary, and who maintain a permanent place of residence elsewhere. The typical amenities that may be offered include maid service, health club facilities, business centers, meeting rooms and valet parking. 2 ~h~ ~~rm ~R r~~~ c~ :h; ~m ri~~ ~mm~ imil t~ ~;~p~m~r~~ ~°~~i r;~°ivit~ n~i r~~ T' iy ri~~4 iel ~ra ~ . '~~ r~ hi ~~1" r~~t~~~€~ ~`C~~~rl;~ r~l ~~t71~~ ~~• ~~ r~,~ r~~°t~ i~ t~~,~~ ~~ ;hort-~~r~ n~~ h~ I~ ly ~~~t~ ~~ ~i~r~ iq ~~~~~r~~~ in~ ~mmi ~i~y ~~ ~~ th~ r-~~ ~E r~! ~m~ i~~ t~ th~ ~~mmi ~ty icl~ :tie~ ~~f~ t~ ;rty 1\~:fo~~ r~~ r~-~-iv~ r`~~~Id s~ ~r~r~~~a~: ~~~~i~i t~ ~~~ ~rrith ~ht~~ irti~ ~~; r7r~~ ~~~~ ~rnr~~~~ h~~ r11~ ~~. t~ i~~ n~i. r;~i ~:~'~ :f1B I~a~r~-~~~~~ ~r-d t~~ i.~t'~ th~ r~~~~rit~r :h; ~~ry~ C~r~ it~ th~ im~~~t~ ~~ ~~ ~~ ~~ th~ i~ ~~~r1~~~ ~:~~ ~t~i ~ru h~ ~tr~ `s~~ r~~ t~ :hi ty~!~ ~I; ~m~ i~ rr~~:~ w~ fuitn~ s~t ly. l h~ ~rY h~c~rt-t~ r~~~ r~~ ~~~ im~~~~t r~~~~ ~~~„~~ ~ti~ ~c~ ~~~rtr~~~ ~a~ ~~~3 t~~~rty ~~ r~ ~~t r~rn~~ ~~E ~~~~~ it~ ~ ~~ ~m: ~~~~~ ~~~~ wi ~rt-t~ ~~-,~i t~= ~;~ c~~- t~ F~ :~~ t~ ~ r ~ ~- ~m~ e°~~~a~ im :m~r~t~ t~~ ~m~ i~ ~~ r~ ~~ ~xi: nc~ 1~~ lyi ~a~r~~ ~~~ ~~~ ~~rt~.a ~mr~~~~° i~ ~t~i~~~. t~ It~m; t~~ o~~ C~;~! im ~~' ~y th~ ~ ~ty ~ CONCLUSION Staff believes short-term rental housing has the potential to negatively impact residential districts. This is due to its transitory nature and the impact it has on the character and quality of residential neighborhoods. Therefore, regulations should be developed identifying the appropriate district in which to locate the use either by right or by discretionary review. Pending the conclusion of this review an ordinance will be submitted to the City Council that will recommend development standards, an entitlement review process and taxes for short-term rental housing projects, if applicable BUDGET/FINANCIAL IMPACT The recommendation presented in this report does not have any budget or fiscal impacts RECOMMENDATION It is respectfully recommended that the City Council adopt the emergency interim ordinance included in Attachment A. Prepared by; Suzanne Frick, Director Jay Trevino, AICP, Planning Manager Amanda Schachter, Principal Planner Jonathan Lait, AICP, Associate Planner Pl.anning and Community Development Department Attachment A: Proposed Emergency Interim Ordinance 4