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2017/06/22 Planning Commission ResolutionRESOLUTION NO. 2017-15 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF ROHNERT PARK, CALIFORNIA RECOMMENDING TO THE CITY COUNCIL AMENDMENTS TO MUNICIPAL CODE TITLE 17, ZONING TO REGULATE AND LIMIT 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 17.07.020 — Footnotes, 17.04.030 — Definitions, and 17.06.030 — Permitted Uses; WHEREAS, the proposed changes to Title 17 Zoning are attached hereto as Exhibit A; 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 of or opposition to the proposal; WHEREAS, pursuant to California State Law and the Rohnert Park Municipal Code, a public notice was published in the Press Democrat a minimum of 10 days prior to the first public hearing; WHEREAS, on May 25, 2017 the Planning Commission recommended changes to the proposed amendments, and such changes are incorporated in Exhibit A; WHEREAS, on May 25, 2017 the Planning Commission continued this matter to June 22, 2017; and WHEREAS, on June 22, 2017 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. NOW, THEREFORE, BE IT RESOLVED that the Planning Commission of the City of Rohnert Park makes the following findings, determinations and recommendations with respect to the proposed amendments to Sections 17.07.020 — Footnotes, 17.04.030 — Definitions, and 17.06.030 — Permitted Uses of the Rohnert Park Municipal Code for the purpose of regulating and limiting Short Term Rentals: Section 1. The above recitations are true and correct. Section 2. Findings. The Planning Commission hereby makes the following findings concerning Sections 17.07.020 — Footnotes, 17.04.030 — Definitions, and 17.06.030 — Permitted Uses: 1. That the proposed amendments to the Municipal Code are consistent with the General Plan 2020. 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 maintaining neighborhoods. Goal HO -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 Municipal Code will provide for the health, safety and welfare of individuals living in Rohnert Park by providing maintaining housing options, while also preserving affordable housing opportunities for residents. Regulations will ensure that Short Term Rentals are safe for occupants and do not affect the health, safety, and welfare of surrounding residents. Section 3. Environmental Clearance The proposed amendments are not subject to CEQA pursuant to Section 13060(c) (2) (the activity will not result in a direct or reasonable foreseeable indirect physical change to the environment) and 15060(c) (3) (the activity is not a project as defined in Section 15378 of the CEQA Guidelines, because it has no potential for resulting in a physical change to the environment, directly or indirectly). NOW, THEREFORE, BE IT FURTHER RESOLVED that the Planning Commission does hereby recommend that the City Council adopt Findings stated hereinabove and adopt this amendment to the RPMC to amend Sections 17.07.020 — Footnotes, 17.04.030 — Definitions, and 17.06.030 — Permitted Uses, in the form provided in Exhibit A. DULY AND REGULARLY ADOPTED on this 22nd day of June 2017 by the City of Rohnert Park Planning Commission by the following vote: AYES: q NOES: () ABSENT: 1 ABSTAIN: 0 ADAMS BLANQUII �BORBA�b590TGIUDICE HAYDON .{/ _4 usan Haydon, Chairperson, Rohnert Park Planning Commission Attest: 1 Aq� Susan wevedo, ecording Secretary Exhibit A 17.04.030 - Definitions (To be inserted alphabetically:J "Short Term Rental" means a primary dwelling unit which is used to provide overnight or transient lodging for a period of less than 30 consecutive days. "Short Term Rental" does not include "Bed and Breakfast Inns", "Boarding House", "Hotel", or "Motel", as those terms are separately defined. [End Insertion] 17.07.020 — Footnotes [To be inserted sequentially.] (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. e. 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). f. 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. 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. [End insertion] 17.06.030 - Permitted uses. The following is a list of land uses and the residential districts within which they are permitted as follows: P = Permitted. C = Conditionally -permitted by planning commission. A = Administrative permit. Z = Certificate of zoning compliance. T = Temporary conditional permit. = Uses allowed as incidental to a primary use. Land uses that are not specifically listed are not permitted unless determined, by the planning and community development director, to be substantially similar to a listed use. If the listed land use is followed by a number or a section reference in parenthesis, that number or reference directs the reader to the corresponding land use footnote or special provision which follow this chapter. Land Use Category I R-R/R-E I R -L I R -M I R -H I DTR -H (To be inserted alphabetically:] Short Term Rental (single room) (KK) [End Insertion] A