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Home My WebLink AboutCC Short-Term Rental OrdinanceORDINANCE 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 fourth 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 eighteenth day of November 2019. ______________________ LINDSAY LARA, City Clerk Legal No. Marin Independent Journal 4000 Civic Center Drive, Suite 301 San Rafael, CA 94903 415-382-7335 legals@marinij.com I am a citizen of the United States and a resident of the County aforesaid: I am over the age of eighteen years, and not a party to or interested in the above matter. I am the principal clerk of the printer of the MARIN INDEPENDENT JOURNAL, a newspaper of general circulation, printed and published daily in the County of Marin, and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Marin, State of California, under date of FEBRUARY 7, 1955, CASE NUMBER 25566; that the notice, of which the annexed is a printed copy (set in type not smaller than nonpareil), has been published in each regular and entire issue of said newspaper and not in any supplement thereof on the following dates, to-wit: 11/08/2019 I certify (or declare) under the penalty of perjury that the foregoing is true and correct. Dated this 8th day of November, 2019. PROOF OF PUBLICATION (2015.5 C.C.P.) STATE OF CALIFORNIA County of Marin Signature PROOF OF PUBLICATION 0006423220 2070419 CITY OF SAN RAFAEL CITY OF SAN RAFAEL CITY CLERK, ROOM 209 1400 FIFTH AVENUE, SAN RAFAEL, CA 94901 SAN RAFAEL, CA 94915-1560 r.BP7-11/10/16 1 SUMMARY OF 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" This Summary concerns a proposed ordi- nance of the City Council of the City of San Ra- fael , designated as Ordinance No. 1976, which will amend portions of Title 3 (Finance and Taxation), Title 10 (Businesses, Profess ions, Occupations, Industries and Trades), and (Title 14 (Zoning) of the San Rafael Municipal Code to include definitions related to "Short-Term Rental" activities and adding a new chapter establishing a new "Short-Term Rental Progra- m ". Ordinance No . 1976 is scheduled for adop- tion by the San Rafael City Council at its regu- lar meeting of Nov ember 18, 2019 . The City Clerk has been directed to publish this Sum- mary pursuant to City Charter and California Government Code section 36933(c)(l). SUMMARY OF AMENDMENT TO MUNICIPAL CODE Th e proposed ordinance would include amendments to the City's zoning Ordinance to: add a definition for "Short-Term Rentals " (SRMC Section 14.03 .030); amend the definition for "Hotel" by removing "multiple guest room- s" (SRMC Section 14.03.030); and amend the definition of "Home Occupation" to explicitly not apply to short-term rentals (SRMC Section 14.03.030). The ordinance would also amend the City's Transient Occupancy Tax provisions to amend the definition of "Hotel " to include "Short-Term Rental" (SRMC Section 3.20.020). In addition to these changes, the ordinance creates a new chapter, SRMC Chapter 10.110- Short-Term Rental Program, establishing the "Short-Term Rental Program " with policies and procedures as specified in the San Rafael City Council's Resolution No. 14737 adopted on November 4, 2019. Copies of Ordinance No. 1976 will be availa- ble for public review as of Wednesday , Novem- ber 13, 2019 , at the San Rafael City Clerk's Of- fice, 1400 Fifth Avenue, 2nd Floor, Room 209 during regular business hours, 8:30 a.m. to 5:00 p.m., and on the City 's website: https://www.c 1tyofsanrafael.org. You may also contact the City Clerk at (415) 485-3066 or the Planning Department at (415) 485-3085 for information. G~-=D=sA~Y~L~A~R~A-- san Rafael City Clerk Dated : 11 /08/2019 No . 1453 Nov 8, 2019