HomeMy WebLinkAboutO-1611 Homestay RentalsORDINANCE NO. 1611 (2015 Series)
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN LUIS
OBISPO, CALIFORNIA, AMENDING TITLE 17 (ZONING
REGULATIONS) OF THE MUNICIPAL CODE REGARDING HOMESTAY
RENTALS AND APPROVING THE NEGATIVE DECLARATION OF
ENVIRONMENTAL IMPACT
CODE 0058 -2014)
WHEREAS, the City Council of the City of San Luis Obispo conducted a study session
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on
November 12, 2013, and directed staff to temporarily suspend enforcement of Municipal Code
17.22.010(G) related to the prohibition of vacation rentals, pending adoption of an ordinance
which provides for homestay rentals; and
WHEREAS, the Planning Commission of the City of San Luis Obispo conducted a
public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo,
California, on October 8, 2014, for the purpose of considering the Negative Declaration of
environmental impact and amendments to Title 17 (Zoning Regulations) of the Municipal Code
to add provisions to allow homestay rentals; and
WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing
in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January
6, 2015, for the purpose of considering the Negative Declaration of environmental impact and
amendments to Title 17 (Zoning Regulations) of the Municipal Code to add provisions to allow
homestay rentals; and
WHEREAS, the City does regulate similar transient uses with similar impacts such as
bed and breakfast establishments; and
WHEREAS, the City finds that, unless properly regulated, homestays could result in
impacts to adjacent properties; and
WHEREAS, the purpose of these regulations is to ensure that homestays conform to the
existing character of the neighborhood in which they are located and do not create impacts to
adjacent properties; and
WHEREAS, staff facilitated meetings with the public and community organizations to
gather community input on how homestay rentals should be operated, located and managed; and
WHEREAS, it is the purpose of this Ordinance to protect the public health, safety, and
welfare within the City by establishing rules and requirements for homestay rental; and
WHEREAS, notices of said public hearings were made at the time and in the manner
required by law; and
01611
Ordinance No. 1611 (2015 Series)
Page 2
BE IT ORDAINED by the Council of the City of San Luis Obispo as follows:
SECTION 1. Recitals. The above recitals are true and correct and incorporated herein by
this reference.
SECTION 2. Environmental Determination. The project has been found to have a
negative declaration of environmental impact through the completion of an initial study
environmental review per CEQA Guidelines. Municipal Code amendments included in Section
17.08.140 of this ordinance are summarized below which conclude that it can be seen with
certainty that proposed amendments to the Municipal Code could not have a significant effect on
the environment.
SECTION 3. Findings. Based upon all the evidence, the Council makes the following
findings:
1. The increasing popularity of homestay rentals in the City require the implementation of
appropriate regulations to the character of existing neighborhoods is maintained, while
providing an expanded type of lodging facility available within the City.
2. The Homestay Ordinance is consistent with General Plan policies, which directs the City
to provide for visitor uses and protect neighborhoods through the establishment of
requirements and standards for operation and management of homestay rentals.
3. The project has been found to have a negative declaration of environmental impact
through the completion of an initial study environmental review per CEQA Guidelines as
detailed in Section 2 above.
SECTION 4. Chapter 17.08.140 "Homestay Rentals" of the City of San Luis Obispo's
Municipal Code is added to read as follows:
SECTION 17.08.140 — HOMESTAY RENTALS
A. Purpose and Intent. The purpose of these regulations is to allow owner occupied
homestay rentals in the City with reasonable standards to preserve neighborhood
character and quality of life.
B. Definitions.
1. Bed and Breakfast Inn. A building or group of buildings providing less than 15
bedrooms or suites that are rented for overnight lodging, with a common eating
area for guests.
2. Homestay. An owner- occupied dwelling unit where bedrooms are provided for
compensation for fewer than thirty consecutive days with a maximum of four
adult overnight guests.
Ordinance No. 1611 (2015 Series)
Page 3
3. Owner Occupancy. A lawfully permitted dwelling that is occupied by the
owner(s) named on the property deed as their primary residence and is occupied
by them for the major portion of the year.
4. Responsible party. A person over the age of 18 who is designated by the owner
of the property as a point of contact for the homestay rental in the event the owner
occupier is not on the property at all time during the rental to answer for the
maintenance of the property and conduct and acts of homestay guests. The
responsible party's contact information must be provided to homestay guests,
adjacent neighbors and stated on the application.
Vacation Rental. A dwelling or part of a dwelling where lodging is furnished for
compensation for fewer than thirty consecutive days without concurrently being
occupied by the property owner. Vacation rentals are not allowed in the City of
San Luis Obispo.
C. Permit Required. The operation of a homestay requires a homestay permit through
an administrative approval by the Community Development Director, who may add,
delete, or modify conditions to further the intent of the ordinance. Any request to
waive or modify 17.08.140 D. 4. shall require an administrative use permit.
D. Application Requirements.
1. Operators of homestays in all zones are required to obtain a homestay permit
and a business license.
2. The operator of the homestay shall pay Transient Occupancy Tax and
Tourism Business Improvement District tax as required by San Luis Obispo
Municipal Code,
3. The operator of the homestay must annually provide verification of primary
residence through the Homeowner's Property Tax Exemption or other
appropriate documentation
4. The operator of the homestay must provide a site plan with at least one (1) on-
site parking space in addition to their required residential parking. Parking in a
driveway that has a minimum depth of 20 feet from the back of sidewalk and
is made available during rentals shall meet the definition of a parking space.
5. The operator of the homestay must provide the name and contact information
of a responsible party in the application, if the owner occupier anticipates he
or she may not be on the premises at all times during the homestay rental.
E. Performance Standards.
1. Homestays shall comply with the property development and performance
City of San Luis Obispo, City Administration, 990 Palm Street, San Luis Obispo, CA, 93401-3249, 805.781.7114, slocity.org
DATE: February 24, 2015
FROM: Anthony Mejia, City Clerk
SUBJECT: Modification to Ordinance No. 1611 (2015 Series)
Due to the discovery of a clerical error, page 4 of Ordinance 1611 (2015 Series), entitled "An
Ordinance of the City Council of the City Of San Luis Obispo, California, amending Title 17
(Zoning Regulations) of the Municipal Code Regarding Homestay Rentals and Approving the
Negative Declaration of Environmental Impact (CODE 0058 -2014)" has been amended as
follows:
Section 17.08.140(E)(2), Performance Standards:
"All Building and Fire Code [and] regulations shall be met."
Ordinance No. 1611 (2015 Series)
Page 5
hereby amended as follows:
Vacation rental" means a dwelling or part of a dwelling where lodging is furnished for
compensation for fewer than thirty consecutive days. Does not include fraternities,
sororities, convents, monasteries, hostels, bed and breakfast inns, homestays, hotels,
motels, or boarding /rooming houses, which are separately defined.
SECTION 6. Severability. If any subdivision, paragraph, sentence, clause, or phrase
of this ordinance is, for any reason, held to be invalid or unenforceable by a court of competent
jurisdiction, such invalidity or unenforceability shall not affect the validity or enforcement of the
remaining portions of this ordinance, or any other provisions of the City's rules and regulations.
It is the City's express intent that each remaining portion would have been adopted irrespective
of the fact that any one or more subdivisions, paragraphs, sentences, clauses, or phrases be
declared invalid or unenforceable.
SECTION 7. A summary of this ordinance, together with the names of Council members
voting for and against, shall be published at least five (5) days prior to its final passage, in The
Tribune, a newspaper published and circulated in this City. This ordinance shall go into effect at
the expiration of thirty (30) days after its final passage.
INTRODUCED on the 6`h day of January, 2015, AND FINALLY ADOPTED by the
Council of the City of San Luis Obispo on the 2()th day of January, 2015, on the following vote:
AYES: Council Members Christianson and Rivoire,
Vice Mayor Ashbaugh and Mayor Marx
NOES: Council Member Carpenter
ABSENT: None
ATTEST:
m-Lei ;:: ME% iv ass"'L,44 JP6,0,
nt ony J, ejia, MC
City Clerk
M
istine Dietrick
City Attorney
May6l J Marx
Ordinance No. 1611 (2015 Series)
Page 6
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City
of San Luis Obispo, California, thisLS-"Iay of -:17a„ ua3n,,i
thong J. M ia,
City Clerk