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HomeMy WebLinkAboutOrdinance - 2543 - Amend Title 18ORDINANCE NO. 2543 AN ORDINANCE AMENDING TITLE 18 (ZONING), CHAPTER 18.43 (STANDARDS FOR SPECIFIC LAND USES) OF THE CITY OF REDDING MUNICIPAL CODE BY ADDING SECTION 18.43.180 (SHORT-TERM RENTALS) WHEREAS, the Planning Commission held a duly noticed public hearing on October 13, 2015, pertaining to the enactment of Redding Municipal Code 18.43.180, and recommended that the City Council adopt said amendment and an Addendum to the Mitigated Negative Declaration prepared for the Zoning Ordinance; and WHEREAS, the City Council held a duly noticed public hearing on February 2, 2016, prior to the first reading of this ordinance; and WHEREAS, the Addendum to the Mitigated Negative Declaration (attached to the staff report) prepared for the enactment of Redding Municipal Code 18.43.180 is appropriate since there is no substantial evidence, in light of the whole record before the City of Redding, that the proposed amendment will have a significant effect on the environment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF REDDING AS FOLLOWS: Section 1. The City Council hereby adopts the Addendum to the Mitigated Negative Declaration prepared for the enactment of Redding Municipal Code 18.43.180. Section 2. Title 18 (Zoning), Chapter 18.43 (Standards for Specific Land Uses), Section 18.43.180 is hereby added to read as follows: A. Purpose The purpose of this Section is to establish an appropriate permitting process and standards for short-term rental of single-family dwellings; to provide a visitor experience and accommodation as an alternative to the typical hotel, motel, and bed and breakfast accommodations customarily permitted in the city; to minimize potential negative secondary t effects of short-term rental use on surrounding residential neighborhoods; to retain the character of the neighborhoods in which any such use occurs; and ensure the payment of required transient occupancy taxes. B. Types of Short -Term Rentals. For purposes of this Section, the following Short -Term Rental facilities are established: 1. Hosted Homestay. An owner occupied single-family dwelling unit where, for compensation, individual overnight room accommodations are provided for a period of less than 30 days. 2. Vacation Rental. An entire dwelling unit where, for compensation, overnight accommodations are provided for a period of less than 30 days and the owner may or may not reside within the dwelling unit for the term of the rental. C. Short -Term Rental Permit Requirements. No person shall use any dwelling unit on any parcel in any zoning district for short-term rental purposes without first obtaining approval as required by this Section. The provisions of this ordinance apply to all existing and future short term rentals as defined in this Section. Existing short term rental facilities shall either apply for, or obtain authority to operate, within 60 days of the effective date of this ordinance. The following approval process is established: 1. Hosted Homestay: This use is permitted within all zoning districts subject to obtaining a Zoning Clearance from the Director and providing an affidavit certifying that the owner understands and agrees to the requirements of this Section. Applicants may be required to provide a site plan or other information determined necessary by the Director to determine compliance with this Section and shall pay an application fee as may be established by resolution of the City Council. 2. Vacation Rental: Site Development Permit issued by the Director in accordance with the provisions of Chapter 18.11, Common Procedures and Chapter 18.13, Site Development Permits of this Code. D. Districts In Which Permitted. The regulations of this chapter apply to short-term rentals in all zoning districts. E. General Requirements - Hosted Homestay. 1. No more than one dwelling unit on a lot may be used at any one time for short term rental purposes. 2. A maximum of two rooms may be available for rent at any time. 3. Occupancy shall be limited to a maximum of two adults per rented room. Room rental shall be limited to a maximum of 180 rental days per calendar year. 4. The property owner must occupy the residence at all times when rooms are being provided for rent. 5. A minimum of one on-site parking space shall be provided for each room rented. Guest parking spaces shall be within the primary driveway or other on-site location. External changes to a property such as converting significant areas of front yard landscape for purposes of meeting parking requirements is not allowed. 6. Short-term rentals shall meet all applicable building, health, fire and related safety codes at all times, including provision of working smoke and carbon monoxide detectors. 7. The owner shall post emergency evacuation instructions and "house policies" within each guest bedroom. The house policies shall be included in the rental agreement, and shall be enforced by the owner. At a minimum, the house policies should: a. Reinforce the City of Redding's Noise Standards (RMC Section 18.40.100) by establishing outdoor "quiet hours" to minimize disturbance to neighboring residences. b. Require that guest vehicles be parked on the premises, not the street in compliance with this Section. 8. The property shall not be used to host non -owner related weddings, parties, and other similar events. 9. On-site advertising signs or other displays indicating that the residence is being utilized as a short term rental, is prohibited. 10. A City business license shall be obtained and transient occupancy taxes paid in accordance with Chapter 4.12 as required. All advertising for any short-term rental shall include the transient occupancy tax number assigned to the owner - applicant. With submittal of transient occupancy taxes, the operator shall also submit a statement indicating the number of guest stays, and the number of guests for the reporting period. 11. The permit is not transferrable to a subsequent property owner or to another property. 12. This ordinance shall not be construed as waiving or otherwise impacting the rights and obligations of any individual, group, or the members of any homeowner's association, as defined, to comply with or enforce CC&R's. F. General Requirements - Vacation Rentals. 1. With the exception of items 1 through 4 listed in Section 18.43.180(E.) above, the General Requirements provisions for Hosted Homestays shall apply to Vacation Rentals. 2. The following additional provisions shall also be applicable to Vacation Rentals which may be supplemented by requirements established by the Director with approval of the required Site Development Permit as necessary to maintain compatibility of the use with the surrounding properties. a. A Vacation Rental shall not be rented to multiple separate parties concurrently unless the owner is residing on the premises during the rental period. b. The owner/applicant shall keep on file with the city the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of the vacation rental. This information shall be posted in a conspicuous location within the vacation rental dwelling. The local contact person shall be available twenty-four hours a day to accept telephone calls and respond physically to the vacation rental within sixty (60) minutes, if necessary. c. Depending of the physical nature of the property and surrounding properties, the Director may allow, with approval of the site development permit, on -street guest parking. G. Application Required. Where a Site Development Permit is required by this Section, applicants for a short-term rental use shall apply for a permit in accordance with the provisions of Chapter 18.11, Common Procedures, and shall pay the application fee established by resolution of the City Council. In making a determination to approve, conditionally approve, or deny and application, the Director may consider such factors, including but not limited to, proximity of the property to other vacation rentals, bed and breakfast establishments, group homes, and residential care facilities, and neighborhood and site characteristics. H. Violations/Revocations. Enforcement of the provisions of this Section may include the civil and equitable remedies as permitted by state law, the issuance of a citation and fine, or other legal remedy as provided by Chapter 1.12 of the Redding Municipal Code. Upon notification by the City, any short term rental operating in violation of the requirements of this Section must terminate operations immediately. Further, a Site Development Permit issued under the authority of this Section may be revoked in accordance with the procedures established in Chapter 18.11, Common Procedures. Section 3. This Ordinance shall take effect thirty (30) days after the date of its adoption, and the City Clerk shall certify to the adoption thereof and cause its publication according to law. I HEREBY CERTIFY that the foregoing ordinance was introduced and read by the City Council of the City of Redding at a regular meeting on the 2nd day of February, 2016, and was duly read and adopted at a regular meeting on the 16th day of February, 2016, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ATTEST: PAMELA MIZE, dy Clerk Cadd, Schreder, Sullivan, Weaver, & McArthur None None None MIS Y McrHUR, Mayor APPROVED AS TO FORM: BARRY EVeNVALY, City Attorney