2017/08/08 City Council Ordinance 908ORDINANCE NO. 908
AN ORDINANCE OF THE CITY OF ROHNERT PARK, CALIFORNIA, AMENDING
TITLE 17 OF THE ROHNERT PARK MUNICIPAL CODE TO REGULATE SHORT
TERM RENTALS
WHEREAS, the applicant, the City of Rohnert Park, filed Planning Application No.
PLMC2017-0002 proposing to amend the Rohnert Park Municipal Code ("RPMC") by
amending Sections 17.04.030 — Definitions, 17.06.030 — Permitted Uses and Sections 17.07.020
— Footnotes;
WHEREAS, on January 24, 2017 the City Council directed City Staff to prepare an
ordinance allowing and regulating Short Term Rentals under certain circumstances;
WHEREAS, on May 25, 2017, the Planning Commission held a public hearing at which
time interested persons had an opportunity to testify either in support or opposition to the
proposal;
WHEREAS, pursuant to California State Law and the RPMC, a public notice was
published in the Press Democrat for a minimum of 10 days prior to the Planning Commission
public hearing;
WHEREAS, the Planning Commission has reviewed and considered the information
contained in Planning Application No. PLMC2017-0002 for the proposed amendments to Title
17 Zoning of the Municipal Code;
WHEREAS, on June 22, 2017, the Planning Commission recommended the proposed
changes to the City Council by Resolution No. 2017-15;
WHEREAS, pursuant to California State Law and the RPMC, a public notice was
published in the Community Voice for a minimum of 10 days prior to the City Council public
hearing;
WHEREAS, on July 25, 2017, the City Council held a public hearing at which time
interested persons had an opportunity to testify either in support or opposition to the proposal;
and
WHEREAS, the City Council has reviewed and considered the information contained in
the Zoning Ordinance amendment application for the proposal.
NOW, THEREFORE, the City Council of the City of Rohnert Park does hereby ordain
as follows:
Section 1. Recitals and Evidence. The above recitations are true and correct. In
making its findings, the City Council relied upon and hereby incorporates by reference all staff
reports, presentations, and other documentation presented to the Council in the meeting.
Section 2. Environmental Review. No CEQA analysis is required for this project
pursuant to CEQA pursuant to Section 13060(c)(2) and Section 15060(c)(3) as the activity will
not result in direct or reasonably foreseeable physical change to the environment, and the activity
is not a project because it has no potential for resulting in a physical change to the environment,
directly or indirectly.
Section 3. Findings for Enactment of Amendments to Zoning, Map and Zoning
Ordinance. The City Council hereby makes the following findings concerning amendments to
Sections 17.07.020 — Footnotes, 17.04.030 — Definitions, and 17.06.030 — Permitted Uses, of the
Zoning Ordinance:
1. That the proposed amendments to the Zoning Map and Zoning Ordinance are
consistent with the General Plan 2020.
Criteria Satisfied. Criteria Satisfied. The proposed amendments to the Municipal
Code are consistent with the General Plan 2020 Goals of maintaining a compact
urban form, and providing a range of housing types and prices. Specifically, Goal
LU -A (compact urban form) is promoted by a more efficient utilization of land,
housing stock, and infrastructure through the use of existing housing for limited
transient occupancy. Goal CD -H (variety of housing types and sizes) is promoted by
restricting whole house rentals and resultantly maintaining neighborhoods. Goal 1-10-
3 (affordable housing) is encouraged by allowing residents to supplement their
income through single room rentals.
2. That the proposed amendment to the Zoning Ordinance will be beneficial to the
public health, safety or welfare.
Criteria Satisfied. The proposed amendments to the RPMC will provide for the
health, safety and welfare of individuals living in Rohnert Park by preserving housing
options, while also expanding safe opportunities for residents to supplement their
incomes and generate revenue from their homes. This will help to insure that new
investment comes into neighborhoods and reduces the need to build new housing by
better utilizing existing housing stock. Regulations will ensure that Short Term
Rentals are safe for occupants and do not affect the health, safety, and welfare of
surrounding residents.
Section 4. Amendment of Section 17.04.030 to Add New Definition for Short Term
Rental. The City Council hereby adds the following definition to Section 17.04.030, of the
Rohnert Park Municipal Code:
"Short Term Rental" means a dwelling unit, part of a dwelling unit, or an accessory
dwelling unit, that is a type of transient lodging establishment engaged in providing overnight or
otherwise temporary lodging for a period of less than 30 days. Does not include "Bed and
Breakfast Inns", "Boarding House", "Hotel", or "Motel", each of which are separately defined.
Section 6. Amendment of Section 17.06.030. Permitted Uses. The City Council hereby
amends Section 17.06.030, Permitted Uses, of the Rohnert Park Municipal Code by adding
"Short Term Rentals" as a Land Use Category as shown herein:
Land Use Category R-R/R-E R -L R -M R -H DTR -H
[To be inserted alphabetically.]
Short Term Rental (single room)
A A A A A
(KK)
[End Insertion]
Section 7. Amendment of Section 17.07.020. Footnotes. The City Council hereby
adds Subsection KK of Section 17.07.020, Footnotes, of the Rohnert Park Municipal Code, to be
inserted sequentially, with the following:
"(KK) SHORT TERM RENTAL
1. Short Term Rentals as described in § 17.04.030 (Definitions) are permitted by
Administrative Use Permit in all residential districts per § 17.06.030.
2. Permit required. No person shall establish, operate or maintain a Short Term Rental
without first obtaining a valid Administrative Use Permit (See RPMC § 17.25.050 et
seq.) for operation of a Short Term Rental.
3. Short Term Rentals are distinct from Bed and Breakfast Inns as described in §
17.07.020.D.
4, Short Term Rentals are prohibited in Accessory Dwelling Units and accessory structures.
5. Short Term Rentals shall be subject to the following conditions:
a. No more than one bedroom of a primary dwelling unit shall be rented, let, or
leased as a Short Term Rental.
b. The Short Term Rental shall be rented for no more than fourteen consecutive
days.
C. The owner/operator of an approved Short Term Rental shall be required to obtain
and maintain a city business license prior to operation of a Short Term Rental.
d. All applications for Short Term Rentals shall include the property owner's
authorization.
C. Short Term Rentals are subject to the City's transient occupancy tax. The person
in whose name the Administrative Use Permit (referenced in subsection (2) of this
section) is issued, shall be responsible for compliance with the City's transient
occupancy tax regulations as described in § 3.24 (Transient Occupancy Tax).
E No on-site exterior signage of any kind shall be allowed in conjunction with the
Short Term Rental.
g. In every advertisement for the Short Term Rental, the owner/operator shall
include the City issued permit number.
h. All Short Term Rentals must provide smoke and carbon monoxide detectors in
compliance with the Rohnert Park Building Code for new construction.
The Short Term Rental shall comply with all applicable sections of the Rohnert
Park Municipal Code. Any violation of this section or of the Rohnert Park
Municipal Code will be considered a violation of the Administrative Use Permit.
j, The Host (owner/operator) shall provide a written manual to guests providing
important contact numbers, a copy of this RPMC code section, parking
limitations, and other helpful information to minimize conflict within the
neighborhood.
k. The Host (owner/operator) shall maintain a liability insurance policy that covers
this use.
Section 10. Severability. The City Council hereby declares that every section,
paragraph, sentence, clause, and phrase of this ordinance is severable. If any section, paragraph,
sentence, clause or phrase of this ordinance is for any reason found to be invalid or
unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or
constitutionality of the remaining sections, paragraphs, sentences, clauses, or phrases.
Section 11. Effective Date. This ordinance shall be in full force and effective 30 days
after its adoption, and shall be published and posted as required by law.
Section 12. Publication. The City Clerk is directed to cause this ordinance to be
published in the manner required by law.
[THE REMAINDER OF THIS PAGE IS LEFT BLANK INTENTIONALLY.]
This ordinance was introduced on July 25, 2017 and is scheduled for adoption by the Council of
the City of Rohnert Park on August 8, 2017, by the following roll call vote:
AYES: Five (5) Councilmembers Ahanotu, Belforte, Callinan, Stafford and
Mayor Mackenzie
NOES: None (0 )
ABSENT: None (0 )
ABSTAIN: None (0 )
CITY OF ROHNER ARK
ackenzie, Mayor
ATTEST:
.h)Aiule M. Buergler, City Clerk
AP° OVI D ti .O W
U
Michelle Marchetta Kenyon, City Attorney
I, JOANNE BUERGLER, CITY CLERK of the City of Rohnert Park, California, do hereby certify that
the foregoing Ordinance was duly adopted and passed at a regular meeting of the City Council on the 8th
day of August, 2017 by the following vote:
AYES: Five (5) Councilmembers Ahanotu, Belforte, Callinan, Stafford and
Mayor Mackenzie
NOES: None (0 )
ABSENT: None (0)
ABSTAIN: None (0 )
JoAnne M. Buergler, City Clerk
AFFIDAVIT OF POSTING
Pursuant to California Government Code§36933 and§40806
STATE OF CALIFORNIA )
ss
County of Sonoma
I, JoAnne Buergler, City Clerk for the City of Rohnert Park, declare this is a true and correct
copy of Ordinance No. 908.
SUMMARY OF ORDINANCE NO. 908 OF THE CITY OF ROHNERT PARK, CALIFORNIA,AMENDING
TITLE 17 OF THE ROHNERT PARK MUNICIPAL CODE TO REGULATE
SHORT TERM RENTALS
was published on July 28, 2017 and August 11, 2017, as required by law, and posted in
five (5) public places in said City, to:
www.rpcity.orq for website posting
City Hall
130 Avram Avenue
Public Safety Main Station
500 City Center Drive
Rohnert Park Community Center
5401 Snyder Lane
Rohnert Park - Cotati Regional Library
6250 Lynne Conde Way
A certified copy of the full text Ordinance was posted at the City Clerk's office, 130 Avram
Avenue, Rohnert Park, California 94928 on July 26, 2017 and August 9, 2017.
;'ggr?led �►
Subscribed and sworn to b fore e this Ieday of P6f.f-1-OI )
Caitlin Saldanha, Deputy City Clerk
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No.908
STATE OF CALIFORNIA, The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1
thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and
expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,
Ordinance No.907"of which the annexed is a printed copy,was published in said newspaper at least_1 consecutive time(s),
commencing on the 11 day of August,2017 and ending on the 11 day of August,2017.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 11 day of August,2017 at Rohnert Park,California
Signed SUMMARiOF 011131NANCE NO.NS OF THE ERT PARK,
CAUFORNIA,AMENDING TTTLE 17 OF THE ROHNERT PARK MUNICIPAL
CODE TO REGULATE SHORT TERM RENTALS
Pursuant to Government Code Section 36933(c),the following constitutes a summary
of Ordinance No.908 introduced by the Rohnert Park City Council on July 25,2017,and
adopted on August 8,2017 at its meeting held in the City Council Chambers,130 Avram
Avenue,Rohnert Park,California.
The purpose of Ordinance No.908 is to update the Rohnert Park Municipal Code to reg-
Claudia Smith Chief Clerk ulate Short Term Rentals.
The City Council has determined that the following zoning text amendments to the Rohn-
-
ert Park Municipal Code are necessary and appropriate:
• Amendments to Chapter 17.04.030(Definitions)adding the new definition for
short term rentals.
• Amendments to Chapter 17.07.020(Footnotes)adding a new footnote"KK"
that allows certain types of short term rentals by Administrative Use Permit,
subject to conditions including,but not limited to,the limitation of the short
term rental to single room rentals only,the requirement of the operator to
obtain a business license,and the requirement to collect transient
occupancy tax.
• Amendments to Chapter 17.06.030(Permitted Uses),to allow short term
rentals in residential districts by Administrative Use Permit.
A certified copy of the full text of Ordinance is posted and available for review in the City
Clerk's Office at 130 Avram Avenue,Rohnert Park,California.This ordinance shall be in
full force and effective thirty(30)days after its adoption,and shall be publish and posted
as required by law.This ordinance was introduced by the City Council of the City of
Rohnert Park on July 25,2017 and adopted on August 8,2017,by the following roll call
vote:
AYES: Five (5) Councilmembers Ahanotu,Belforte,Callinan,Stafford,
and Mayor Mackenzie
NOES: None (0)
ABSENT: None (0)
ABSTAIN: None (0)
Dated:August 9,2017 JoAnne Buergler
City Clerk
Published:August 11,2017
The Community Voice
ftrit
CERTIFICATION OF PUBLICATION IN
"The Community VOICE"
(Published every Friday)
in the
SUPERIOR COURT
of the
STATE OF CALIFORNIA
In and For the County of Sonoma
COUNTY OF SONOMA
City of Rohnert Park
Summary of Ordinance No.908
STATE OF CALIFORNIA. The undersigned does hereby certify and declare: That at all times hereinafter sworn,deposes
and says: That at all times hereinafter mentioned she was a citizen of the United States,over the age of eighteen years and a
resident of said county and was at all said times the principal clerk of the printer and publisher of The Community VOICE,a
newspaper of general circulation,published in the City of Rohnert Park,in said County of Sonoma,State of California;that
The Community VOICE is and was at all times herein mentioned,a newspaper of general circulation as that term is defined
by Section 6000 of the Government Code;its status as such newspaper of general circulation having been established by
Court Decree No.35815 of the Superior Court of the State of California,in and for the County of Sonoma,Department No. 1
thereof;and as provided by said Section 6000,is published for the dissemination of local and telegraphic news and
intelligence of a general character,having a bona fide subscription list of paying subscribers,and is not devoted to the
interest,or published for the entertainment or instruction of a particular class,profession,trade,calling,race or denomination,
or for the entertainment and instruction of such classes,professions,trades,callings,races or denominations;that at all said
times said newspaper has been established and published in the said City of Rohnert Park,in said County and State at regular
intervals for more than one year preceding the first publication of this notice herein mentioned;that said notice was set in type
not smaller than non-pareil and was preceded with words printed in black face type no smaller than non-pareil,describing and
expressing in general terms,the purport and character of the notice intended to be given;that the"City of Rohnert Park,
Summary of Ordinance No.906"of which the annexed is a printed copy,was published in said newspaper at least_1
consecutive time(s),commencing on the 28 day of July,2017 and ending on the 28 day of July,2017.
I HEREBY CERTIFY AND DECLARE UNDER THE PENALTY OF perjury that the foregoing is true and correct.
EXECUTED this 28 day of July,2017 at Rohnert Park,California
Signed
SUMMARY OF. " ' NO.1111 OF THE CRY OF ROHNERT PARK,
CALIFORNIA,CODE TO REGULATE 17 SHORT TERM RENTALSK MUNICIPAL
nn at toc Government Code Section 36933(c),the following constitutes a summ2017ary
Pof Ordinance No.908 introduced by the Rohnert Park City Counciloon
on July 25, ,and
scheduled for consideration of adoption on August 8,2017 at its meeting to be held in
the City Council Chambers,130 Avram Avenue,Rohnert Park,California.
Claudia Smith / Chief Clerk The
ulate purposeShortTerm of OrdinanceRentals. No.908 is to update the Rohnert Park Municipal Code to reg-
The City Council has determined that the following zoning text amendments to the Rohn-
eft Park Municipal Code are necessary and appropriate:
• Amendments to Chapter 17.04.030(Definitions)adding the new definition
for short term rentals.
• Amendments to Chapter 17.07.020(Footnotes)adding a new footnote"KK"
that allows certain types of short term rentals by Administrative Use
Permit,subject to conditions including,but not limited to,the limitation
of the short term rental to single room rentals only,the requirement of the
operator to obtain a business license,and the requirement to collect
transient occupancy tax.
• Amendments to Chapter 17.06.030(Permitted Uses),to allow short term
rentals in residential districts by Administrative Use Permit.
A certified copy of the full text of Ordinance is posted and available for review in the City
Clerk's Office at 130 Avram Avenue,Rohnert Park,California.This ordinance shall be in
full force and effective thirty(30)days after its adoption,and shall be publish and posted
as required by law.This ordinance was introduced by the Council of the City of Rohnert
Park on July 25,2017 and is scheduled for consideration of adoption on August 8,2017.
Dated:July 26,2017 JoAnne Buergler,
� City Clerk
Published:July 28,2017 `t15\ t
The Community Voice