Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526
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1 Planning Department 168 North Edwards Street Post Office Drawer L Independence, California Phone: (760) FAX: (760) inyocounty.us AGENDA ITEM NO.: 5 (Action Item Public Hearing) PLANNING COMMISSION November 28, 2018 MEETING DATE: SUBJECT: Non-Hosted Short Term Rental (NH-STR) / Huizar EXECUTIVE SUMMARY The applicant has applied for a Non-Hosted Short Term Rental permit for his residence located at 637 East Muir Street, in the community of Lone Pine, California. A Non- Hosted Short Term Rental permit is required before an applicant can begin renting a residence for periods of 30 days or less. The requirements for this permit are specified in Inyo County Code Chapter PROJECT INFORMATION Supervisory District: 5 Project Applicant: Robert Huizar Property Owner: Robert and Kimberly Huizar Site Address: 637 East Muir Street Community: Lone Pine, California A.P.N.: General Plan: Residential Medium Density (RM) Zoning: Single Residence or Mobile Home Combined-5,800 square foot minimum (RMH-5800) Size of Parcel: 5,125 square feet
2 Surrounding Land Use: Location: Use: Gen. Plan Designation Zoning Site Single Family Residential Residential Medium Density (RM) Single Residence or Mobile Home Combined-5,800 square foot minimum (RMH- North East South West Single Family Residential Single Family Residential Single Family Residential Single Family Residential Residential Medium Density (RM) Residential Medium Density (RM) Residential Medium Density (RM) Residential Medium Density (RM) 5800) Single Residence or Mobile Home Combined-5,800 square foot minimum (RMH- 5800) Single Residence or Mobile Home Combined-5,800 square foot minimum (RMH- 5800) Single Residence or Mobile Home Combined-5,800 square foot minimum (RMH- 5800) Single Residence or Mobile Home Combined-5,800 square foot minimum (RMH- 5800) Staff Recommended Action: Alternatives: Project Planner: Make certain Findings with respect to and Approve Non-Hosted Short Term Rental Permit /Huizar, subject to the Conditions of Approval as recommended in this staff report. 1.) Deny the Non-Hosted Short Term Rental Permit. 2.) Approve the Non-Hosted Short Term Rental Permit with additional Conditions of Approval. 3.) Continue the public hearing to a future date, and provide specific direction to staff regarding what additional information and analysis is needed. Tom Schaniel, Associate Planner STAFF ANALYSIS Background and Overview The applicant has applied for a Non-Hosted Short Term Rental (NH-STR) Permit to operate a short term rental at the project property. The term non-hosted means that the renters will solely occupy the residence during the time of the rental (there is no host within the residence at the time the property is being rented). Section d. of the Inyo County Code (ICC) requires that the possessor of a NH- STR Permit must also possess a permit for a hosted rental. To meet this requirement, the Non-Hosted Short Term Rental /Huizar 2
3 applicant has already obtained a permit for a Hosted Short Term Rental (H-STR) at 225 North Mouth Whitney Drive, located several blocks to the north-west of this property, but still in the community of Lone Pine. This property is owned by In Ernest Holdings Ltd. Liability Company, of which Mr. & Mrs. Huizar have an ownership interest of 20% or greater, qualifying them as owners of this property, per the definition of Owner from Chapter Definitions, of the Inyo County Code. The proposed application for a NH-STR Permit aligns with ICC Section Short- Term Rental of Residential Property, which allows for the rental of dwelling units where the owner of the dwelling unit does not concurrently occupy the dwelling unit with the transient lodger. The application for this non-hosted rental has been reviewed by staff and meets the requirements of the ICC Section Included with this staff report is a copy of a site plan showing parking and emergency access requirements (Attachment B). Also attached is a copy of the House Rules that demonstrate requirements for compliance with ICC Section (Attachment C). Per ICC Section approval of NH-STR permits is at the discretion of the Inyo County Planning Commission, and the Commission must give final approval in order to issue the NH-STR Permit. The project property is surrounded by other similar residential properties. Other residential properties in the area range from approximately 5,000 square feet to 10,000 square feet. The property is near the south-east corner of the community of Lone Pine. A Vicinity Map is provided (Attachment A). Also photos of the property are included (Attachment D). General Plan Consistency This application and hearing is to consider approving a NH-STR permit for the applicant to rent residential space on a short term basis in compliance with County code. The project is consistent with Short-Term Rental Ordinance, which was added as Chapter of the Inyo County Code, following approval by the Inyo County Board of Supervisors on February 20, This use will not conflict with the General Plan designation of Residential Medium Density (RM) as it does not change the size or density of the residential development currently on the site and in the General Plan. Zoning Ordinance Consistency The RMH zoning designation allows for applications for short term rental permits per section if the ICC. The use of the property is still considered to be residential in nature and therefore remains consistent with the current zoning. Noticing and Review Planning Staff routed the application for the NH-STR Permit to the Assessor s office, the Building and Safety Department and the Environmental Health Department. These departments responded that they had no substantive comments on the project. The Planning Commission Hearing for NH-STR /Huizar was advertised in the Inyo Register on November 17, 2018 and notices were mailed to properties within 300- feet of the project location. Staff has received no comments from the public. Non-Hosted Short Term Rental /Huizar 3
4 ENVIRONMENTAL REVIEW As per Section Two of the approved County Ordinance (Chapter 18.73), NH-STR permit was reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA guidelines, and the County s environmental procedures, and was found to be exempt pursuant to Section 15061(b)(3) (general rule) of the CEQA guidelines, as it constitutes an extension of residential use on an already developed property, with no new development proposed, and can be seen with certainty that there will be no significant effect on the environment. RECOMMENDATION Planning Department staff recommends the approval of Non-Hosted Short Term Rental Permit No /Huizar, with the following Findings and Conditions of Approval: FINDINGS 1. The proposed Non-Hosted Short Term Rental Permit is exempt under CEQA Guidelines 15061(b)(3), general rule, and the provisions of the California Environmental Quality Act have been satisfied. [Evidence: Pursuant to Section 15061(b)(3) (general rule) of the CEQA guidelines, the proposed permit application constitutes an extension of residential use and can be seen with certainty that there will be no significant effect on the environment.] 2. The proposed Non-Hosted Short Term Rental Permit is consistent with the Inyo County General Plan Land Use designation of Residential Medium Density (RM). [Evidence: The proposed project is consistent with the goals and policies of the General Plan s Land Use designation of Residential Medium Density, which allows for 4.6 to 7.5 dwelling units per acre. An existing primary residence will be utilized as the short term rental on a 5,125 square foot property., This property size, if it was consistent for the entire neighborhood, would result in a higher density then 4.6 to 7.5 dwelling units per acre, but the current mix of properties ranging from around 5,000 square feet to 10,000 square feet is consistent with this density, and nothing about this project changes that density. Therefore the lot size in context of the neighborhood is consistent with Inyo County s General Plan designation for this property.] 3. The proposed Non-Hosted Short-Term Rental Permit is consistent with the Inyo County Zoning Ordinance. [Evidence: The approved ordinance of Short-Term Rentals (Transient Occupancy a rental for 30-Days or less), as adopted by the Board of Supervisors on February 20, 2018, allows for the short-term rental of residential dwellings in the Zoning Districts of: One Family Residential (R1), Single Residence and Mobile Home Combined (RMH), Rural Residential (RR), Rural Residential Starlite Estates (RR- Starlite), and the Open Space Zone (OS). The applicant s property is zoned Single Residence and Mobile Home Combined (RMH) and is therefore consistent with Inyo County s zoning ordinance.] Non-Hosted Short Term Rental /Huizar 4
5 4. The proposed Non-Hosted Short Term Rental Permit is necessary or desirable. [Evidence: With the proliferation of Short-Term Rentals through on-line hosts, such as Air B&B, etc., the Board of Supervisors found it necessary and desirable to create an ordinance that regulated transient occupancy. Prior to February 2018, short term rentals were considered not-allowed, because no portion of the code explicitly allowed for short term rentals. The Planning Department, with direction from the Planning Commission and the Board of Supervisors went through a public process to develop the current short term rental ordinance, ICC 18.73, which was approved by the Board of Supervisors in February of The proposed non-hosted vacation rental permit application is consistent with the requirements stipulated by this ordinance.] 5. The proposed Non-Hosted Short Term Rental Permit is properly related to other uses and transportation and service facilities in the vicinity. [Evidence: The proposed Non-Hosted Short Term Rental permit will have no impact to transportation and service facilities beyond what is allowed for the current allowed uses, including owner occupied residence or long term rental. During the development of the short term rental ordinance, the public raised concerns about parking on the streets from short term renters impacting neighborhoods. ICC Section j. allows for a maximum of one vehicle per guestroom and that the owners shall provide an off-street parking space for each potential vehicle. The applicant has provided a site plan that shows 2 off-street parking places to address this requirement (2 guest rooms are available).] 6. The proposed Non-Hosted Short Term Rental Permit would not, under all the circumstances of this case, affect adversely the health or safety of persons living or working in the vicinity or be materially detrimental to the public welfare. [Evidence: The proposed Non-Hosted Short-Term Rental Permit does not adversely affect public health or safety of persons living in the vicinity. The project provides no impact beyond what is permitted for the current allowed uses, including owner occupied residence or long term rental. The Inyo County Environmental Health Department evaluated the application for sewer, septic, and water issues and found no problems with the application. The residence s file was reviewed by the County s Building and Safety Department and no problems were identified.] 7. Operating requirements necessitate the Non-Hosted Short Term Rental Permit for the site. [Evidence: Use of the applicant s property for non-hosted short-term rental requires the Non-Hosted Short-Term Rental Permit, as per Chapter of the Inyo County Code.] Non-Hosted Short Term Rental /Huizar 5
6 CONDITIONS OF APPROVAL 1. The applicant, landowner, and/or operator shall defend, indemnify and hold harmless Inyo County agents, officers, and employees from any claim, action or proceeding against the County or its agents, officers, or employees to attack, set aside, void or annul an approval of the county, its advisory agencies, its appeals board, or legislative body concerning Non-Hosted Short Term Rental Permit No /Huizar. The County reserves the right to prepare its own defense. 2. The applicant shall conform to all applicable provisions of Inyo County Code. If the use provided by this Non-Hosted Short-Term Vacation Rental Permit is not established within one year of the approval date it will be become void. Attachments A. Vicinity Map B. Site/Parking Plan C. House Rules D. Photographs of Property and Residence Non-Hosted Short Term Rental /Huizar 6
7 Attachment A NH-STR /Huizar - Vicinity Map OL E LOCUST MC EL L OW Y N SH SO BU RO C WIL HAY D AM K JAC TH STA Y RS 637 E Muir St GE F MOUNT WHITNEY POST E ER GE POST SOUTH ON GT EW RO O YR IN HIN E S WA I TN L RTA BR WH O YP MA H B A S BU W LONE PINE U VIE LAKE VIEW A MO IN NTA A NE UT RY MUIR SCHOOL INYO LINE BEG MT WHITNEY Source: Esri, DigitalGlobe, GeoEye, Earthstar Geographics, CNES/Airbus DS, USDA, USGS, AeroGRID, IGN, and the GIS User Community ,820 2,730 Feet 3,640
8
9 Attachment B Parking and Access Plan 637 E Muir St.
10 Attachment C -POSTED within 6 of entrance per Inyo County Code Requirements- House Rules 637 E Muir St. Lone Pine, CA Tax Registration Certificate Number: TBD by County 24-hour contact phone numbers: hour check-in, but as a courtesy, please send a text message or Airbnb message when checking in -and- when checking out to Check-out is 11am. -The bedroom, bathroom, hall, living room, kitchen, and yard areas are for guest use. -A maximum of 2 guests are allowed to stay in the bedroom and two renters in the living room. This number does not include children three (3) and younger. -A maximum of one vehicle per guestroom (2) is allowed and must be parked off-street in our driveway. -All smoking should take place outside in the front yard. -All BBQing should be done outside in the front yard (BYOBBQ). -All outdoor parties and activities must be moved indoors after 9pm (21:00) out of respect of our neighbors and kept quiet until 7am (07:00). -Amplified sound outdoors is prohibited. -Basic kitchen amenities are provided such as pots, pans, and utensils. Please wash and dry any item used for the next guest prior to your departure. -Pets need to be secured on the property at all times and barking and other pet created nuisances addressed at all times. Unattended pet nuisances are prohibited. A pet sitter is available for hire: please call for rates. -Please move trash and recycling materials to the cans located in the back yard against the fence. Trash removal is Tuesday. -Outdoor open fires are absolutely prohibited. Used linen should be placed in the canvas bag left hanging in the bathroom (if available). For longer stays or for those with numerous guests: if linen run low do not hesitate to contact us for additional supplies! Air cooler switch located in hall cupboard top left. To cool bedroom, close all windows in the house and open a window in the bedroom only. Enjoy! Robert and Kim Revision /07/2018
11 Attachment D
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Planning Department 168 North Edwards Street Post Office Drawer L Independence, California 93526
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