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Ordinance 1976 (Short-Term Rental)CLERK’S CERTIFICATE I, LINDSAY LARA, City Clerk of the City of San Rafael, and Ex-Officio Clerk of the Council of said City, do hereby certify that the foregoing ORDINANCE NO. 1976 AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SECTION 14.03.030 AND SECTION 3.20.020 OF THE SAN RAFAEL MUNICIPAL CODE, AND ADDING NEW CHAPTER 10.110 ENTITLED “SHORT-TERM RENTAL PROGRAM” is a true and correct copy of an Ordinance of said City, and was introduced at a REGULAR meeting of the City Council of the City of San Rafael, held on the 4th day of November 2019; a SUMMARY of Ordinance No. 1976 was published as required by City Charter in the MARIN INDEPENDENT JOURNAL, a newspaper published in the City of San Rafael, and passed and adopted as an Ordinance of said City at a REGULAR meeting of the City Council of said City, held on the 18th day of November 2019, by the following vote, to wit: AYES: COUNCILMEMBERS: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: None WITNESS my hand and the official Seal of the City of San Rafael this 19th day of November 2019 _______________ LINDSAY LARA City Clerk ORDINANCE NO. 1976 AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING SECTION 14.03.030 AND SECTION 3.20.020 OF THE SAN RAFAEL MUNICIPAL CODE, AND ADDING NEW CHAPTER 10.110 ENTITLED “SHORT-TERM RENTAL PROGRAM” THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. FINDINGS. WHEREAS, on June 10, 2016 the City of San Rafael began monitoring short-term rental activity and trends within the City; WHEREAS, as of December 2018, there were 286 active short-term rentals in the City of San Rafael, an increase from 150 active short-term rentals from when monitoring first began in 2016; WHEREAS, on August 20, 2018, staff presented the City Council with a comprehensive report on a broad range of housing topics and issues and the City Council directed staff to follow up on four specific housing issues and return to the City Council with an informational report on potential short-term rental policy options; WHEREAS, on February 19, 2019, staff presented the City Council with an informational report on short-term rental approaches, including analysis of active short-term rentals, best practices, and regulatory and enforcement options. The City Council requested that staff conduct expanded community outreach and additional analysis on the impacts of short-term rentals on the City’s housing stock, and of the use of accessory structures as short-term rentals; WHEREAS, on March 20, 2019, staff held a stakeholder meeting with the Federation of Neighborhoods and presented a summary of the short-term rental related activity to date in San Rafael including a summary of actions from the February 19, 2019 City Council Meeting. Attendees expressed no major concerns around short-term rental regulation; WHEREAS, on April 4, 2019, staff met with approximately 25 San Rafael short-term rental hosts using the Airbnb platform. Staff presented a summary of the short-term rental- related activity to date including a summary of actions from the February 19, 2019 City Council meeting. Attendees expressed no major concerns around short-term rental regulation; WHEREAS, beginning on March 22, 2019 and concluding on April 22, 2019, staff conducted an online community survey of potential short-term rental regulations. 409 individuals responded to the survey during the month that it was made available, and survey results indicate support for the development of a short-term rental program; WHEREAS, on May 29 and May 30, 2019, staff held community meetings to present the findings of the community survey and presented a “Straw-man” proposal’-- intended to generate discussion of disadvantages and to provoke the generation of new and better proposals for the creation of a short-term rental program; WHEREAS, on June 18, 2019, staff met with the San Rafael Chamber of Commerce Government Affairs Committee and made the same presentation reviewing the results of the community survey used during the Community Meetings. Attendees expressed no major concerns around short-term rental regulation; and WHEREAS, on August 5, 2019, staff presented the City Council with additional analysis and overview of the community outreach associated with the development of a potential short- term rental program for the City of San Rafael, and draft program regulations, program costs and revenues, and a draft ordinance. The City Council directed staff to return with an ordinance and program regulations for City Council consideration that creates a short-term rental program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 2. AMENDMENTS TO MUNICIPAL CODE. A. Section 14.03.030 of the San Rafael Municipal Code is hereby amended by amending the definitions of “Hotel” and “Home Occupation” and adding a definition of “short-term rental” as follows (strike-outs indicate deletions, double-underlining indicates additions): "Hotel" means any building or portion thereof containing multiple guest rooms designed for compensation, primarily for the accommodation of transient travelers, with eating, drinking, banquet and recreational facilities related to the hotel use, but not including those facilities defined as residential care facilities. "Home occupation" means an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one (1) or more persons, all of whom reside within the dwelling unit, as further defined in Section 14.16.220, Home occupations, but not including those facilities defined as short-term rentals in Section 14.03.030 of this Code. “Short-term rental” means the rental of all or a portion of a dwelling unit for less than 30 days consecutive tenancy. B. Section 3.20.020 of the San Rafael Municipal Code is hereby amended to amend the definition of “Hotel” as follows (strike-outs indicate deletions, double-underlining indicates additions): "“’Hotel’ means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, short-term rental or other similar structure or portion thereof.” C. Title 10 of the San Rafael Municipal Code, entitled “Businesses, Professions, Occupations, Industries and Trades” is hereby amended by adding new Chapter 10.110, entitled “Short-Term Rental Program” to read in its entirety as follows: 10.110.010 Purpose and intent Notwithstanding any other provision of this Title, all Short-Term Rentals as defined in Section 14.03.030 of this Code, as may be amended or superseded, are subject to the policies and procedures specified in the San Rafael City Council’s “Policies and Procedures for the Administration of the ‘Short Term Rental Program’ as set forth in San Rafael Municipal Code Chapter 10.110” (“Program”), as adopted and amended from time to time by City Council resolution, and all Short-Term Rentals shall comply with such Policy. 10.110.020 Violations a public nuisance; penalties, nuisance abatement, and other remedies Any Short-Term Rental operated, conducted, or maintained contrary to the provisions of this chapter and/or the Program shall be, and the same is hereby declared to be, unlawful and a public nuisance, and the City Attorney may, in addition to or in lieu of prosecuting a criminal action hereunder, commence an action or actions, proceeding or proceedings, for the abatement, removal and enjoinment thereof, in the manner provided by law. Such remedies shall be in addition to any other judicial and administrative penalties and remedies available to the City under Chapters 1.40, 1.42, 1.44, or 1.46 of this code, or under State law. DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15301 of the State CEQA Guidelines for operation, repair, maintenance, or minor alteration of existing structures or facilities. DIVISION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordinance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 5. EFFECTIVE DATE; PUBLICATION. This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect January 1, 2020. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. GARY O. PHILLIPS, Mayor ATTEST: LINDSAY LARA, City Clerk The foregoing Ordinance No. 1976 was introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the 4th day of November 2019 and ordered passed to print by the following vote, to wit: AYES: Councilmembers: Bushey, Colin, Gamblin, McCullough & Mayor Phillips NOES: Councilmembers: None ABSENT: Councilmembers: None and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the 18th day of November 2019. _______ LINDSAY LARA, City Clerk