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HomeMy WebLinkAboutOrd. 1578-2019 (19-557)City of South San Francisco P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA City Council Ordinance: ORD 1578-2019 File Number: 19-557 Enactment Number: ORD 1578-2019 ORDINANCE AMENDING TITLE 20 OF THE SOUTH SAN FRANCISCO MUNICIPAL CODE TO ALLOW AND REGULATE SHORT-TERM VACATION RENTAL USES CITYWIDE. WHEREAS, in July 2010, the City Council for the City of South San Francisco adopted a comprehensive update to the City's zoning ordinance, which repealed the then -existing Title 20 of the South San Francisco Municipal Code ("Zoning Ordinance"), and replaced it with an entirely new Title 20 that, among other actions, established new zoning districts, revised and reformatted many then -existing zoning provisions, eliminated inconsistent and outdated provisions, and codified entirely new zoning provisions, including new land use regulations and development standards; and, WHEREAS, short-term vacation rental uses have grown in popularity with the rise of the sharing economy; and, WHEREAS, the City of South San Francisco ("City") has identified the need to specifically design and regulate short-term vacation rental uses in order to minimize impacts to neighborhoods and preserve neighborhood character, while balancing the desire to accommodate this new use; and, WHEREAS, staff recommends defining a short-term vacation rental as a lodging use consistent with the definitions contained in the Transient Occupancy Tax and Conference Center Tax Ordinance in Chapter 4.20 of the Municipal Code; and, WHEREAS, City staff prepared the attached Zoning Code Text Amendment ("Zoning Amendment") to include a definition of short-term vacation rentals as a new lodging sub -classification and establish specific performance standards for these uses; and, WHEREAS, the Zoning Ordinance was adopted in 2010 after preparation, circulation, consideration, and adoption of an Initial Study/Negative Declaration ("IS/ND") in accordance with the California Environmental Quality Act, Public Resources Code Sections 21000, et seq. ("CEQA"), which IS/ND analyzed the environmental impacts of adopting the Zoning Ordinance and concluded that adoption of the Zoning Ordinance could not have a significant effect on the environment because none of the impacts required to be analyzed under CEQA would exceed established thresholds of significance; and, WHEREAS, the refinements, clarifications, and/or corrections set forth in this Zoning Amendment, as they relate to Short -Term Vacation Rental uses Citywide, are minor in nature, the adoption of which would not City of South San Francisco Page 1 File Number: 19-557 Enactment Number: ORD 1578-2019 result in any new significant environmental effects or a substantial increase in the severity of any previously identified effects beyond those disclosed and analyzed in the IS/ND prepared and circulated for the Zoning Ordinance, nor do the refinements, clarifications, and/or corrections constitute a change in the project or change in circumstances that would require additional environmental review. NOW, THEREFORE, BE IT ORDAINED that based on the entirety of the Record before it, as described below, the City Council of the City of South San Francisco does hereby ORDAIN as follows: SECTION I. FINDINGS. Based on the entirety of the record as described above, the City Council for the City of South San Francisco hereby makes the following findings: A. General Findings. 1. The foregoing recitals are true and correct and made a part of this Ordinance. 2. The Record for these proceedings, and upon which this Ordinance is based, includes without limitation, Federal and State law; the California Environmental Quality Act (Public Resources Code §§ 21000, et seq. ("CEQA")) and the CEQA Guidelines (14 California Code of Regulations § 15000, et seq.); the South San Francisco 1999 General Plan and General Plan Environmental Impact Report, including the 2001 updates to the General Plan and 2001 Supplemental Environmental Impact Report; the South San Francisco Municipal Code; the Initial Study and Negative Declaration prepared for the Zoning Ordinance Update, including all written comments received; all reports, minutes, and public testimony submitted as part of the Planning Commission's duly noticed meeting on September 3, 2015; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on September 23, 2015; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on August 22, 2018; all reports, minutes, and public testimony submitted as part of the City Council's duly noticed meeting on June 12, 2019 and any other evidence (within the meaning of Public Resources Code §21080(e) and §21082.2). 3. The documents and other material constituting the record for these proceedings are located at the Planning Division for the City of South San Francisco, 315 Maple Avenue, South San Francisco, CA 94080, and in the custody of Chief Planner, Sailesh Mehra. B. Zoning Amendment Findings 1. The proposed Zoning Amendment is consistent with the adopted General Plan because the Zoning Amendment will reinforce the General Plan policies, is consistent with the relevant specific plans, and is consistent with the City's overall vision for community development, economic vitality, and preservation of residential neighborhood character. None of the new or revised use definitions and modifications to allowable land uses will conflict with or impede achievement of any of the goals, policies, or land use designations established in the General Plan. City of South San Francisco Page 2 File Number: 19-557 Enactment Number: ORD 1578-2019 2. The Zoning Amendment to include the Short -Term Vacation Rental definition and performance standards for these uses would protect future land uses in the applicable zoning districts but would not affect any particular subject property. The zoning districts where Short -Term Vacation Rental uses would be permitted or conditionally permitted are generally suitable in terms of access, size of parcel, relationship to similar or related uses, and other considerations as deemed relevant by the Planning Commission and City Council because the proposed uses are consistent with General Plan policies, specifically those policies related to maintaining a balanced land use program with appropriate performance standards to ensure that Short -Term Vacation Rental uses do not negatively impact residential neighborhoods. 3. The proposed change in permitted or conditionally permitted uses in certain zoning districts will not be detrimental to the use of land in any adjacent zone because the proposed Zoning Amendment will include performance standards for Short -Term Vacation Rental Uses that pertain to parking, safety, and occupancy limits. SECTION II. AMENDMENTS. The City Council hereby amends the following sections of the South San Francisco Municipal Code, included as Exhibit A, to read as follows in Exhibit A. Sections and subsections that are not amended by this Ordinance are not included, and shall remain in full force and effect. SECTION III. SEVERABILITY. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this Ordinance; including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this Ordinance are severable. The City Council of the City of South San Francisco hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. SECTION IV. PUBLICATION AND EFFECTIVE DATE. Pursuant to the provisions of Government Code Section 36933, a summary of this Ordinance shall be prepared by the City Attorney. At least five (5) days prior to the Council meeting at which this Ordinance is scheduled to be adopted, the City Clerk shall (1) publish the Summary, and (2) post in the City Clerk's Office a certified copy of this Ordinance. Within fifteen (15) days after the adoption of this Ordinance, the City Clerk shall (1) publish the summary, and (2) post in the City Clerk's Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this City of South San Francisco Page 3 File Number. 19-557 Enactment Number: ORD 1578-2019 Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. Introduced at a regular meeting of the City Council of the City of South San Francisco held the 12th day of June 2019. At a meeting of the City Council on 6/26/2019, a motion was made by Mark Addiego, seconded by Buenaflor Nicolas, that this Ordinance be adopted. The motion passed. Yes: 5 Mayor Matsumoto, Vice Mayor Garbarino, Councilmember Addiego, Councilmember Nagales, and Councilmember Nicolas Attest by osa Govea Acosta n Mayor City of South San Francisco Page 4 Exhibit A – Adopted Ordinance for Second Reading The following sections of the South San Francisco Municipal Code shall be amended to read as follows. Sections and subsections that are not amended by this Ordinance are not included, and shall remain in full force and effect. A. Revise Chapter 20.620.004 “Lodging” definitions (Commercial Use Classifications) as follows: 20.620.004 Commercial Use Classifications Lodging. Bed and Breakfast. A residential structure that is in residential use with one or more bedrooms dedicated for rental for overnight lodging and where meals may be provided. This use type specifically excludes short-term vacation rental, as defined by this section. Short-Term Vacation Rental. A residential structure that is rented to a transient occupant for a period of less than 30 days. The full residential structure, or a portion of it, can be rented to a transient occupant in a short-term vacation rental use. This classification includes both hosted rentals (the primary resident, or host, is present in the dwelling unit that is being used as a short- term rental) and non-hosted rentals (the host is not present in the dwelling unit that is being used as a short-term rental). B. Revise Chapter 20.350, Standards and Requirements for Specific Uses and Activities, to add a section to include performance standards for short-term vacation rentals, as follows: 20.350.040 Short-Term Vacation Rentals Short-term vacation rental uses shall be located, developed, and operated in compliance with the following standards: A. Type of Residence. Must be located and operated in a single-unit dwelling. B. Number of Uses. Short-term vacation rental uses shall be permitted in no more than one single-unit dwelling per lot. C. Permit Required; Duration of Permit. Any short-term vacation rental must apply for a short-term vacation rental permit on a form approved by the Chief Planner. The short-term vacation rental permit for a short-term vacation rental is valid for one year from date of issuance. D. Residency Requirements. Only permanent residents (owner or tenant) of the dwelling unit are eligible to operate a short-term vacation rental use. E. Transient Occupancy Limits. a. Hosted Rentals: If the host is onsite, the number of transient occupants must be limited to 2 or fewer. b. Non-hosted Rentals: If the host is offsite, the number of transient occupants must be limited to 2 persons/bedroom, plus 2 additional persons. F. Limit on Duration. The aggregate number of days for transient occupancy of a non-hosted short-term vacation rental is capped at 90 per term of the permit. There is no annual cap for hosted short-term vacation rentals. G. Local Contact Information. The permit holder shall keep on file with the City the name, telephone number, and email address of a local contact person who shall be responsible for responding to questions or concerns regarding the operation of a short-term vacation rental. This information shall be posted in a conspicuous location within the rental dwelling. The local contact person shall be available 24 hours a day to accept telephone calls and respond physically to the short-term vacation rental within one hour when the unit is occupied. H. Noise. The short-term vacation rental use must comply with the adopted noise standards for the district in accordance with section 8.32.030 of this code. I. Conduct. The permit holder must ensure that transient occupants of the short-term vacation rental do not engage in disorderly conduct, or violate code provisions or state law. J. Safety. All short-term vacation rentals must comply with all applicable building laws, including, but not limited to, providing working smoke detectors, carbon monoxide detectors, contain working heating, and otherwise satisfy all applicable requirements of the California Building Standards Code. K. Health and Safety Information. Hosts shall provide local health and safety information to renters, including locations of local hospitals and clinics, and non-emergency police contact information. L. Commercial Activities. Any commercial use beyond a permitted short-term vacation rental is prohibited. No Special Event as defined by section 6.48 of this code can be conducted as part of a short-term vacation rental. M. Advertising. All advertising (print or digital) for a short-term vacation rental shall include the number of the permit granted for the use. N. Business License. The permit holder shall obtain a city business license in accordance with Chapter 6.16 of this code. O. Applicable Taxes. The permit holder shall collect and remit all applicable City Taxes, including but not limited to Transient Occupancy Taxes and Conference Center Taxes in accordance with Chapter 4.20 of this code, as required. P. Consistency with Other Agreements. A short-term vacation rental use must be permitted by applicable HOA bylaws; Covenants, Conditions and Restrictions (CC+Rs); and rental agreements. C. Update Table 20.080.002 – Land Use Regulations, Residential Districts, as indicated below: TABLE 20.080.002: LAND USE REGULATIONS—RESIDENTIAL DISTRICTS Use Classification RL-1.3 RL-5,6, and 8 RM-10, 15, and 17.5 RH-30 and 35 Additional Regulations Commercial Use Types Lodging See sub-classifications below Bed and Breakfast MUP MUP MUP MUP See Section 20.350.010 Bed and Breakfast Lodging Short-Term Vacation Rental P (7) P (7) P (7) P (7) See Chapter 20.350 Short- Term Vacation Rental Limitations: 1. Only in single-unit detached structures. 2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 3. Subject to state licensing requirements. 4. Only on parcels with access from arterial streets. 5. Minor Use Permit required when located within an existing building. Conditional Use Permit required for new construction. 6. Limited to sites with a maximum gross site area of 6,500 square feet and located on an arterial street. 7. Short-term vacation rental permit required (see Chapter 20.350 Short-Term Vacation Rental). D. Update Table 20.100.002 - Land Use Regulations—Downtown Districts, as indicated below: Use Classification DMX DRL DRM DRH Additional Regulations Commercial Uses Lodging See sub-classifications below Bed and Breakfast MUP MUP MUP MUP See Section 20.350.010 Bed and Breakfast Lodging Hotels and Motels C - - - Short-Term Vacation Rentals P (11) P (11) P (11) P (11) See Chapter 20.350 Short- Term Vacation Rental Limitations: 1. Permitted if existing. New units not allowed. 2. Limited to sites with a maximum gross site area of 4,000 square feet. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks, and walk-in offices which are subject to approval of a Use Permit. 4. Permitted if retail, restaurants, personal services, or other active pedestrian-oriented use is located on the ground floor, otherwise Minor Use Permit is required. Minor Use Permit may only be approved if the Review Authority first finds that, based on information in the record, it is infeasible to locate retail, restaurants, personal services, or other active pedestrian- oriented use on the ground floor. 5. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 6. Subject to state licensing requirements. 7. Clinic uses may not occupy the ground floor, except along Grand Avenue, west of Maple Avenue, which are subject to the approval of a conditional use permit. 8. Living space may not occupy ground floor. 9. Limited to upper stories unless at least 50 percent of ground floor street frontage is occupied by food service use. 10. Limited to single-family detached units. 11. Short-term vacation rental permit required (see Chapter 20.350, Short-Term Vacation Rental). E. Update Section 20.240.03 – Land Use Permitted, as indicated below: The following uses are permitted subject to the regulations contained in this chapter, the Terrabay specific plans and applicable sections of the South San Francisco Municipal Code and subject to further approvals as required. A. Terrabay Residential District (Residential Parcels). 1. Public and private open space areas. 2. Habitat conservation areas. 3. Public and private parks, playgrounds, tot lots, recreation/community buildings, and fire stations. 4. Schools. 5. Day care centers. 6. Public and private utilities, and facilities. 7. Single-unit detached dwellings consisting of 125 units in the Park and 135 units in Woods East and Woods West (collectively) neighborhoods only. 8. Townhomes consisting of 175 units in the Village neighborhood in two, three and four unit clusters only. 9. One condominium/apartment tower consisting of 112 one, two and three bedroom units in the Peninsula Mandalay Tower only. 10. Single- unit paired residential units consisting of 70 single-family units attached in 35 structures, paired in two side-by-side attached units (i.e., side by side duplex design) in the Mandalay Point neighborhood only. 11. Home occupations. 12. Accessory buildings and uses. 13. Short-term vacation rental, subject to the approval a short-term vacation rental permit and per the requirements of Chapter 20.350, Short-Term Vacation Rental. F. Update Table 20.250.003 – Land Use Regulations for Transit Village Sub-districts, as indicated below: TABLE 20.250.003: LAND USE REGULATIONS FOR TRANSIT VILLAGE SUB-DISTRICTS Uses Permitted TV-C TV-R TV-RM TV-RH Additional Regulations RESIDENTIAL USE CLASSIFICATIONS Single-Unit Dwelling See sub-classifications below Single-Unit Attached - - P P Multi-Unit Residential P(1) P(1) P P COMMERCIAL USE CLASSIFICATIONS Lodging See sub-classifications below Hotels and Motels C - - - TABLE 20.250.003: LAND USE REGULATIONS FOR TRANSIT VILLAGE SUB-DISTRICTS Uses Permitted TV-C TV-R TV-RM TV-RH Additional Regulations Short-Term Vacation Rental - - P (4) P (4) See Chapter 20.350 Short- Term Vacation Rental Specific Limitations: 1. Not permitted as a principal ground floor use on a street where retail storefronts occupy 50 percent of more of the building frontage. 2. Customer service offices are permitted on the ground level, and other offices are permitted on the second floor or when conducted as an accessory use with a permitted use on the site, occupying no more than 25 percent of the floor area. Additional office space may be allowed with a Use Permit, upon finding that such use will not conflict with adjacent street level retail uses. 3. Permitted as a secondary use on the second floor, occupying no more than 25 percent of the total building area. 4. Short-term vacation rental permit required (see Chapter 20.350, Short-Term Vacation Rental). G. Update Table 20.280.003 Land Use Regulations Downtown Station Area Specific Plan Sub-Districts, as indicated below: Uses Permitted DTC GAC DRC TO/RD LCC LNC Additional Regulations Lodging See sub-classifications below Bed and Breakfast - MUP (5) C - MUP MUP See Section 20.350.010 Bed and Breakfast Lodging Short-Term Vacation Rental P (8) P (8) P (8) P (8) P (8) P (8) See Chapter 20.350 Short-Term Vacation Rental Limitations: 1. Permitted if existing. New units not allowed. 2. Limited to facilities serving a maximum of 10 victims and may not be located within 300 feet of any other domestic violence shelter. 3. Prohibited on the ground floor except residential uses located south of Baden Avenue, banks and walk-in offices which are subject to approval of a Use Permit. 4. Subject to licensing requirements. 5. Limited to upper stories unless at least 50 percent of the ground floor street frontage is occupied by food service uses. 6. Must be located at least 1,000 feet from any other social service facility. 7. Clinic uses may not occupy the ground floor along Grand Avenue, except on properties located west of Maple Avenue, which are subject to the approval of a conditional use permit. 8. Short-term vacation rental permit required (see Chapter 20.350, Short-Term Vacation Rental.) 8. Update Table 20.330.004: Required On-Site Parking Spaces, as indicated below: TABLE 20.330.004: REQUIRED ON-SITE PARKING SPACES Land Use Classification Required Parking Spaces Commercial Use Classifications Lodging Bed and Breakfast 1 per room for rent in addition to parking required for residential use. Hotels and Motels 1 per each sleeping unit, plus 2 spaces adjacent to registration office. Additional parking required for ancillary uses, such as restaurants, according to the parking requirements for the ancillary use. See Subsection 20.330.006(C) Airport-Oriented Hotels and Motels. Short-Term Vacation Rental At least one off-street parking space required for use by the short- term vacation rental transient occupants. The required parking for the existing residential use or driveway parking may be used to provide this parking space.