Councilmember Heilman, Mayor Pro Tempore Meister, and Mayor Horvath. Councilmember Duran. Councilmember D'Amico. None.

Transcription

1 CITY COUNCIL UNFINISHED BUSINESS SEPTEMBER 21, 2015 SUBJECT: INITIATED BY: ORDINANCE NO (2No READING) AMENDING TITLE 19 OF THE WEST HOLLYWOOD MUNICIPAL CODE CLARIFYING THE PROHIBITION OF SHORT-TERM VACATION RENTALS CITY CLERK'S DIVISION (Yvonne Quarker, City Clerk) ~ (Melissa Crowder, Assistant City Clerk) ~ STATEMENT ON THE SUBJECT: The City Council will waive further reading and adopt Ordinance No amending Title 19 of the West Hollywood Municipal Code clarifying the prohibition of short-term vacation rentals. RECOMMENDATION: Waive further reading and adopt Ordinance No , "AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD AMENDING TITLE 19 OF THE WEST HOLLYWOOD MUNICIPAL CODE CLARIFYING THE PROHIBITION OF SHORT-TERM VACATION RENTALS". BACKGROUND: On July 20, 2015, the City Council introduced on first reading Ordinance No Ayes: Noes: Abstain: Absent: Councilmember Heilman, Mayor Pro Tempore Meister, and Mayor Horvath. Councilmember Duran. Councilmember D'Amico. None. On August 3, 2015 this item was brought forward to Council for a 2nd reading and adoption. The item failed by a 2-2 vote (Mayor Horvath and Mayor Pro Tempore Meister voting Aye, Councilmembers D'Amico and Duran voting No, and Councilmember Heilman was absent). On August 17, 2015 this item was brought forward to Council for a 2nd reading and adoption. The item was tabled and staff was directed to bring the item back to the September 21, 2015 meeting. AGENDA ITEM 4. A

2 Ordinance (2nd Reading) Page 2 CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST HOLLYWOOD GENERAL PLAN: This item is consistent with the Ongoing Strategic Program of: Institutional Integrity and the General Plan Goal to G-2: Maintain transparency and integrity in West Hollywood's decision-making process. OFFICE OF PRIMARY RESPONSIBLILITY: Office of the City Clerk EVALUATION: N/A ENVIRONMENTAL SUSTAINABILITY AND HEAL TH: N/A FISCAL IMPACT: None ATTACHMENT: Attachment A: Ordinance

3 ORDINANCE NO AN ORDINANCE OF THE CITY OF WEST HOLLYWOOD AMENDING TITLE 19 OF THE WEST HOLLYWOOD MUNICIPAL CODE CLARIFYING THE PROHIBITION OF SHORT-TERM VACATION RENTALS THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. FINDINGS (a) The renting to transient occupants of homes, apartments, condominiums and mobile homes, and portions thereof, is prohibited under existing City law by virtue of not being listed as a permitted use in the Zoning Ordinance and represent an incursion of commercial activities in residential zones of the City. (b) Short-term vacation rentals for a period of thirty consecutive calendar days or less in the City are a source of increased noise and demand for City services. (c) Short-term vacation rentals compromise the safety of residents by providing access to buildings, including keys and security codes, to transient occupants. (d) Short-term vacation rentals deplete the already limited housing stock in the City, including housing subject to the rent control provisions of Title 17 of the municipal code. (e) The advent of Internet-based platforms has resulted in a proliferation of residential properties being offered to transient lodgers in violation of existing law. This proliferation requires an expansion of enforcement mechanisms to deter parties who facilitate and solicit this illegal activity. (f) Therefore, in an attempt to promote the aims and goals of the prohibition of short-term vacation rentals and enhance the City's ability to enforce the City's prohibition, the City intends to clarify its existing prohibition on transient rental of residential dwelling units. SECTION 2. A new land use is added to the alphabetical list of land uses in Table 2-2 in Section of Chapter of Title 19 of the West Hollywood Municipal Code to read as follows:

4 Ordinance No Page 2 LAND USE 2 Short-term rental of a dwelling unit, or any portion thereof, for a period of thirty consecutive calendar days or less PERMIT REQUIRED BY ZONE Specific Use R1 R2 R3 R4 Regulations SECTION 3. A new land use is added to the alphabetical list of land uses in Table 2-5 in Section of Chapter of Title 19 of the West Hollywood Municipal Code to read as follows: Specific PERMIT REQUIRED BY ZONE Use LAND USE 2 CN CC/SSP CA CR PDCSP PF 3 Reaulations Short-term rental of a dwelling unit, or any portion thereof, for a period of thirty consecutive calendar days or less SECTION 4. A new section , Short-Term Vacation Rentals, is added to Chapter of Title 19 of the West Hollywood Municipal Code to read as follows: A. Rental Prohibited. No person or entity shall offer or provide a dwelling unit, or any portion thereof, for rent for thirty (30) consecutive calendar days or less to any transient. B. Advertisement. No person or entity shall maintain any advertisement of a rental prohibited by this section. SECTION 5. The following definitions are added to the alphabetical list of definitions in Section of Chapter of Title 19 of the West Hollywood Municipal Code to read as follows: Advertisement. Any printed or lettered announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, Internet website or application, or any other form.

5 Ordinance No Page 3 Rent. Consideration charged, whether or not received, for the occupancy of space in a dwelling unit valued in money, whether to be received in money, goods, labor or otherwise. Transient. Any person who exercises occupancy or is entitled to occupancy of a dwelling unit for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. PASSED, APPROVED AND ADOPTED by the City Council of the City of West Hollywood at a regular meeting held this 21st day of September, 2015 by the following vote: AYES: NOES: ABSENT: ABSTAIN: LINDSEY HORVATH, MAYOR ATTEST: YVONNE QUARKER, CITY CLERK

6 Ordinance No Page 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF WEST HOLLYWOOD I, YVONNE QUARKER, City Clerk of the City of West Hollywood, do hereby certify that the foregoing Ordinance No was duly passed, approved and adopted by the City Council of the City of West Hollywood at a regular meeting held on the 21st day of September 2015, after having its first reading at the regular meeting of said City Council on the 20th day of July I further certify that this ordinance was posted in three public places as provided for in Resolution No. 5, adopted the 29th day of November, WITNESS MY HAND AND OFFICIAL SEAL THIS 22nd DAY OF SEPTEMBER YVONNE QUARKER, CITY CLERK