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03-03-2020 - AGENDA ITEM 04 CONSIDERATION OF INITIATION OF CODE AMENDMENT NO. 20-03 REGARDING SHORT TERM RENTALSAGENDA ITEM NO.4 AGENDA STAFF REPORT City of West Covina I Office of the City Manager DATE: March 3, 2020 TO: Mayor and City Council FROM: David Carmany City Manager SUBJECT: CONSIDERATION TO INITIATION OF CODE AMENDMENT NO.20-03 REGARDING SHORT TERM RENTALS RECOMMENDATION: It is recommended that the City Council adopt a resolution initiating Code Amendment No. 20-03 regarding a prohibition on short term housing rentals, by adopting the following resolution: RESOLUTION NO.2020-16 — A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 20-03 TO CONSIDER PROHIBITING SHORT TERM HOUSING RENTALS DISCUSSION: Based on past City Council discussions and community concerns, staff has prepared a resolution to initiate a code amendment to prohibit short term housing rentals. Short terms rentals refer to residential rentals of thirty days or less. The Municipal Code does not explicitly regulate short term housing rentals. However, the Business License Section of the Municipal Code defines a hotel/motel as transient uses of less than 30 days and the Zoning Code does not allow hotels/motels in residential zones. In order to adopt standards to clearly prohibit short term rentals, the Zoning Code would be revised. The Municipal Code specifies that the City Council or Planning Commission can initiate a code amendment to the Zoning Code. To that end, a resolution has been prepared stating the intent of the City Council to initiate a code amendment. OPTIONS: The City Council has the following options: 1. Adopt staff s recommendation; 2. Receive and file the report thereby declining to initiate a code amendment; 3. Provide alternative direction. ENVIRONMENTAL REVIEW: The proposed code amendment is exempt from the provisions of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of the CEQA Guidelines in that it consists of a code amendment that would prohibit short term rentals and it can be seen that there is no significant effect on the environment through this potential amendment. Prepared by: Jeff Anderson, Community Development Director Attachments Attachment No. 1 -Initiation Resolution CITY COUNCIL GOALS & OBJECTIVES: Achieve Fiscal Sustainability and Financial Stability Enhance the City Image and Effectiveness Attachment No.1 RESOLUTION NO. 2020-16 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST COVINA, CALIFORNIA, INITIATING CODE AMENDMENT NO. 20-03 TO CONSIDER PROHIBITING SHORT TERM RENTALS WHEREAS, on March 3, 2020, the City Council initiated a code amendment to consider adopting a prohibition on short term rentals in the West Covina Municipal Code; and WHEREAS, the studies and investigations made by the City Council and in its behalf reveal the following facts: 1. Recently there have been negative impacts to the community based on the operation of short term rentals in the City, including noise, parties and a murder. 2. The West Covina Municipal Code currently includes a definition of a hotel and motel in the Business License Chapter and the Zoning Chapter does not allow hotels or motels in residential zones. While the Municipal Code does not allow hotels/motels, it is appropriate to consider standards that clearly prohibit short term rentals for clarification and enforcement. 3. The proposed action is considered to be exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15061(b)(3) of the CEQA Guidelines, in that the proposed action consists of a code amendment, which does not have the potential for causing a significant effect on the environment. NOW, THEREFORE, BE IT RESOLVED, the City Council of the City of West Covina, in conformance with Section 26-153(a)(2) of the West Covina Municipal Code, does hereby initiate an application for a Code Amendment related to the Short Term Rentals. APPROVED AND ADOPTED on this Yd day of March 2020. Torry Wu Mayor APPROVED AS TO FORM ATTEST Thomas P. Duarte Lisa Sherrick Assistant City Clerk I, LISA SHERRICK, ASSISTANT CITY CLERK of the City of West Covina, California, do hereby certify that the foregoing Resolution No. 2020-16 was duly adopted by the City Council of the City of West Covina, California, at a regular meeting thereof held on the 31 day of March, 2020, by the following vote of the City Council: AYES: NOES: ABSENT: ABSTAIN: Lisa Sherrick Assistant City Clerk