PLANNING COMMISSION STAFF REPORT JUNE 2, AGENDA ITEM # 7.C. VR E. Spring Street Vacation Rental Permit

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1 Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA Napa (707) PLANNING COMMISSION STAFF REPORT JUNE 2, 2016 AGENDA ITEM # 7.C. VR E. Spring Street Vacation Rental Permit I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Appeal of a Hosted Accommodation Vacation Rental Permit 582 E. Spring Street APN: SFR-106, Single Family Residential RS-20, Single Family Residential District APPLICANT/ PROPERTY OWNER: Robert & Mary Trumble 582 E. Spring Street Napa CA, Phone: (707) STAFF PLANNER: Michael Walker, Senior Planner Phone: (707) LOCATION MAP 1

2 Vacation Rental Permit 582 E. Spring Street VR II. BACKGROUND The City Council adopted Ordinance No. O on November 3, 2015, establishing the procedures and requirements for Hosted Accommodation vacation rental permits. The Hosted Accommodation standards were part of a broader amendment to the Vacation Rental Ordinance which also included provisions to allow for the transfer of existing Non-Hosted vacation rental permits, preserving neighborhood character by establishing a maximum number of permits issued, and increase enforcement criteria. The intent of the Vacation Rental Ordinance is to provide performance standards to the appropriate use of residential property as vacation rentals (Attachment 3). Specific to Hosted Accommodations, these performance standards include the requirement that the property owner reside at the vacation rental unit and sleep at the unit during the rental period. The Ordinance became effective on December 3, The City invited applicants to submit their applications during an advertised submittal period from January 4 through January 29, On January 19, Robert & Mary Trumble submitted an application requesting approval of a one bedroom Hosted Accommodation vacation rental permit for their home at 582 E. Spring Street. On March 16, 2016, Planning, Fire, and Building representatives inspected the home and concluded that all information presented in the application was correct and that the home meets safety requirements. Conditions of Approval were acknowledged and accepted by the applicant and the permit was approved on April 19, An appeal was filed by Alta Heights Neighbors of 582 E. Spring Street on April 29, III. PROJECT CONTEXT The residence is a three bedroom, four bathroom home of approximately 3,000 square feet. The property contains a pool and has five total off-street parking spaces available for guests. The property is a hilltop lot located at the eastern terminus of E. Spring Street, on a cul-de-sac surrounded by single-family homes (see Figure 1). 2

3 Vacation Rental Permit 582 E. Spring Street VR FIGURE 1 IV. ANALYSIS OF APPEAL On April 29, 2016, Alta Heights Neighbors of 582 E. Spring Street filed an appeal of the approval of the permit. The main points of the appeal are summarized and addressed below. 1. The appellants raise several concerns regarding various disturbances including animal control issues related to the applicant s dogs and loud music. Staff Response: The Vacation Rental Ordinance outlines criteria in which Hosted Accommodation applications are reviewed. While the criteria do not include evaluation of previous complaints for issuance of a permit, the Ordinance does allow for consideration of complaints and poor management when the permit comes up for its annual review. During the annual review of the Vacation Rental Permit, a history of Municipal Code violations and/or disturbances may be considered as a basis for non-renewal of a permit. 2. The appellants also cite numerous Code Enforcement complaints regarding illegal parking of construction trailers and vehicles in the street and police visits related to other complaints. Staff Response: Staff has verified that there have been four Code Enforcement cases opened between 2003 and 2015 regarding waste and debris accumulation and illegally parked construction trailers on the street. These complaints have all been resolved and the cases closed. Staff has also confirmed with the Napa Police Department that there have been three police responses to the property between November 2015 and January Staff acknowledges the concerns of the neighbors and has discussed the concerns with the applicant. The applicant has assured staff that the Hosted Accommodation will be operated responsibly. While the proposed Hosted Accommodation vacation rental 3

4 Vacation Rental Permit 582 E. Spring Street VR application meets all review criteria, staff will be monitoring for complaints going forward and has the option of not renewing the permit should complaints continue. Further, should egregious violations of the Vacation Rental Ordinance occur, the Director may initiate proceedings to revoke or modify the permit as outlined in Section (J). V. ENVIRONMENTAL REVIEW Staff has determined that the Project is exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to Section of the CEQA Guidelines (Categorical Exemptions; Class 1), which exempts the use of existing facilities. VI. PUBLIC NOTICE A notice of application was provided by US Postal Service to all property owners within a 500-foot radius of the subject property on May 18, Notice of the public hearing was also published in the Napa Valley Register on May 20, 2016, 2016 and provided to people previously requesting notice on the matter at the same time notice was provided to the newspaper for publication. Legal notice included a general explanation of the matter to be considered and any related permits, identification of the location of the property involved where site specific, a description of the date, time and place of the public hearing, the identity of the hearing body, and a statement consistent with the Code of Civil Procedure regarding the time limit to commence any legal challenge and matters that may be raised by such challenge. VII. STAFF RECOMMENDATION Based on the analysis outlined above, Staff recommends that the Planning Commission deny the appeal request. VIII. ALTERNATIVES TO RECOMMENDATION 1. Continue the application with direction for modifications 2. Direct Staff to return to the Commission with a resolution documenting findings to support approval of the proposed appeal. IX. RECOMMENDED ACTIONS 1. Adopt a resolution denying an appeal of an administrative action approving a Hosted Accommodation Vacation Rental Permit at 582 E. Spring Street. X. DOCUMENTS ATTACHED 1. Resolution denying the appeal of Alta Heights Neighbors of 582 E. Spring Street and approving a Vacation Rental Permit to establish a Hosted Accommodation Vacation Rental at 582 E. Spring Street. 2. Appeal Application and supporting documentation 3. Performance standards for Vacation Rental Permits 4. Correspondence 5. Site Plan 4

5 ATTACHMENT 1 RESOLUTION PC2016-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, DENYING THE APPEAL OF ALTA HEIGHTS NEIGHBORS OF 582 E. SPRING STREET AND APPROVING A VACATION RENTAL PERMIT TO ESTABLISH A HOSTED ACCOMMODATION VACATION RENTAL AT 582 E. SPRING STREET (APN )(VR ) WHEREAS, Robert and Mary Trumble submitted an application for a Hosted Accommodation vacation rental permit at 582 E. Spring Street on January 19, 2016 (APN )(VR ); WHEREAS, the Community Development Director approved a Vacation Rental Permit to establish a Hosted Accommodation Vacation Rental at 582 E. Spring Street; and WHEREAS, Alta Heights Neighbors of 582 E. Spring Street appealed the action of the Community Development Director to approve the Hosted Accommodation Vacation Rental Permit in a timely manner; and WHEREAS, a public hearing before the Planning Commission was held on June 2, 2016 to consider the appeal. The Planning Commission considered all information related to this matter, as presented at the public meetings of the Planning Commission identified herein, including any supporting reports by City Staff, and any information provided during public meetings. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Napa as follows: Section 1. The Planning Commission hereby finds that the facts set forth in the recitals to this Resolution are true and correct, and establish the factual basis for the Planning Commission s adoption of this Resolution. Section 2. The Planning Commission hereby determines that this project is exempt from the requirements of CEQA pursuant to Section of the CEQA Guidelines (Categorical Exemption, Class 1), which exempts use of existing facilities. Section 3. The Planning Commission hereby denies the appeal of Alta Heights Neighbors of 582 E. Spring Street of the Community Development Director s decision to approve a Vacation Rental Permit to establish a Hosted Accommodation vacation rental at 582 E. Spring Street. Section 4. This Resolution shall take effect, provided no appeals are received within 10 calendar days of the Planning Commission meeting date of June 2, PC2016-_ Page 1 of 2 5

6 ATTACHMENT 1 I HEREBY CERTIFY that the foregoing Resolution was duly adopted by the Planning Commission of the City of Napa at a regular meeting of said Planning Commission held on the 2 nd day of June 2016, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ATTEST: SECRETARY OF THE PLANNING COMMISSION PC2016-_ Page 2 of 2 6

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9 ATTACHMENT 3 Hosted Accommodation Vacation Rental Performance Standards Operational House Rules that apply to all Vacation Rentals Renter shall sign an agreement acknowledging the house rules and promising to comply with them. The permittee shall limit overnight occupancy of the vacation rental to the specific number of renters designated in the permit, with the number of renters not to exceed two persons per bedroom. The permittee shall limit the number of vehicles of overnight renters to the maximum number of overnight renters designated in the permit, and shall require overnight renters to utilize designated on-site parking spaces to the maximum extent possible. The permittee shall provide access to the garage of the residence if that area has been included in the determination of the number of available onsite spaces per this Code. No limousine or bus parking, and no stopping without the driver s presence, shall be allowed in any manner that would interfere with emergency vehicle access. In the event of an emergency, the vehicle driver shall immediately move the vehicle from the emergency access area. The permittee shall provide appropriate refuse and recycling service for the vacation rental business. Property shall be free of debris both onsite and in the street. Quiet times shall be 9PM to 7AM Sunday through Thursday evenings and 10PM to 7AM Friday and Saturday evenings. The permittee shall ensure that the renters and/or guests of the vacation rental do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct. The permittee shall, upon notification that renters and/or guests of his or her vacation rental have violated any house rules (including any unreasonable noise or disturbances, disorderly conduct, or violations of this Code or state law) promptly act to stop the violation and prevent a recurrence of the violation. Pool and hot tubs shall be adequately screened from adjacent properties to minimize noise impacts and shall have the hours of operation clearly posted adjacent to the facility. Hours shall comply with quiet hours. Exterior lighting shall also be adequately shielded from adjacent properties to minimize light pollution impacts in accordance with Subsection (I) of this Code. It is prohibited to use the vacation rental unit for any wedding, auction, commercial function, or other similar event that is inconsistent with the use of the property for transient occupancy in a residential neighborhood. Pets may be permitted by vacation rental business owner, however the pet must be attended to at all times and must have current vaccinations. 9

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11 ATTACHMENT 4 From: To: Subject: Date: Patricia Belden Walker, Michael 582 E Spring St. Vacation Rental Sunday, February 28, :16:18 PM I am writing to protest the Vacation Rental VR Normally I would not object to an application like this and doing so requires a bit of background history. If one looks at the configuration of Alta Heights from downtown, it is like an ampitheatre. Sounds echo throughout the neighborhood and are not dispersed as they are in a flat locale. For years the Trumbles had two German Shepherds that were allowed to bark non-stop for hours at a time. Talking to them did nothing, nor did calling the Napa Police Department. You can verify the many complaints about these dogs by reading Crime and Safety on Next Door Neighbor, ie, killing a fawn, frightening people, etc. One elderly woman living by them couldn't stand it anymore so sold her house and moved. Pretty extreme! Because my living room faces the Trumble's front yard, I've had to leave my house several times when I could no longer tolerate the constant dog barking even though I have double pane windows. However, my recent understanding is that one of the dogs has been removed and things have been quieter, probably because they are petitioning for the vacation rental. Or, perhaps, they are keeping the one dog indoors until approval of their permit. Loud music from this residence has also been a problem. When confronted by a complaint about music or anything else, Mr. Trumble has the reputation of being the neighborhood bully, a defiant in-your-face sort of person. Being an elderly widow, I would hesitate to physically confront him. Others living in his vicinity are afraid of retribution and are afraid to denounce this Vacation Rental. Regardless of my personal safety, I feel that neighborhood concerns must be addressed. The Trumbles have not been good neighbors since they moved into their present dwelling. Past behavior is a pretty good predictor of how they will behave in the future and I firmly do not want them granted a Vacation Rental permit. The rules state that the owner must be in residence at all times. I do not believe they will abide with this nor any of the other rules. Once they get their permit, I have no doubt they will again disrespect their neighbors, play loud music and allow the remaining dog to bark nonstop. Also, they have a pool and who knows how many "visitors" a renter may invite? How many more times will I have to vacate my home because of noisy neighbors? Please do not grant a Vacation Rental permit to the Trumbles! Patricia Belden 11

12 ATTACHMENT 4 From: To: Subject: Date: Michael Waldeck Walker, Michael Vacation rental at 582 East Spring St. Sunday, February 28, :52:38 PM Mr. Walker, I understand that you are the person to whom I should give my opinion about the proposed vacation rental on Spring St. I live next door to the Trumbles. It has been very difficult experience going back almost 10 years including numerous police visits,excessively loud music late at night, and out of control German shepherd dogs that are very threatening.any complaints that I have tried to convey have been met by rudeness and never call here again. I do believe that approval of this rental can only lead to more headaches for us, their neighbors, than we have already experienced. I think they are very self- centered and could care less what neighbors think. I strongly hope that you will deny this request so that we may retain some hope of keeping our neighborhood quiet and residential instead of having different vacationers on a regular basis. Thanks for your time. Michael Waldeck 585 East Spring St. Napa,CA. Sent from Mail for Windows 10 This has been sent from a virus-free computer protected by Avast. 12

13 ATTACHMENT 4 From: To: Subject: Date: Sandra Walker, Michael Vacation Rental 582 East Spring St. Sunday, February 28, :31:39 PM Dear Mr. Walker, I received a notice from your office regarding an application for a vacation rental by our next door neighbors, Mary and Bob Trumble at 582 East Spring St. We strongly object to their being granted this permit due to their having been particularly inconsiderate neighbors for the last ten years. We have had continual, daily problems over all these years with construction vehicles and debris on the cul-de-sac, barking dogs, dogs getting loose and frightening residents and taking down deer. Amplified outdoor music is frequently played all day and into the night at a volume we can hear inside our home with doors and windows closed. Though we have contacted the Trumbles many many times about these problems, there has been very little improvement. We have been cursed by Mr. Trumble on at least one of these occasions. Many of us are writing letters to protest this permit, however, two who have had the most negative interactions with Bob Trumble are elderly women. One is too frightened to come forward due to intimidation by him. The other was so stressed by her confrontations that her family feared for her health and moved her out of the neighborhood. This may sound like an exaggeration, but it is not. We are, therefore, concerned that since the Trumbles have shown so little regard for our peace and comfort as neighbors in the past, if they are granted a permit for a vacation rental, any negative affect it may have on us or their other neighbors will be ignored as usual. If they were considerate neighbors we would not be writing this letter, but they are not and we have little confidence this behavior will change. Additionally, please look up records from the Napa Police Department regarding multiple visits to this residence over the past few years. We are not aware of the cause for these visits, but it is disturbing nevertheless. Again, please do not grant these people a permit for a vacation rental. Sincerely, Sandra Cobb This has been sent from a virus-free computer protected by Avast. 13

14 ATTACHMENT 4 From: To: Subject: Date: Walker, Michael "Richard Walton" RE: 582 E Spring St Friday, February 26, :10:00 PM See my answers below in red. Let me know if you have any further questions. Michael Walker, AICP Senior Planner Advanced Planning Community Development Department, City of Napa 1600 First Street, Napa, CA Phone (707) mwalker@cityofnapa.org Website Social Visit our website for up-to-date details on the drought and ideas on how you can save water Original Message----- From: Richard Walton [mailto:walton.napa@gmail.com] Sent: Friday, February 26, :51 PM To: Walker, Michael Subject: 582 E Spring St I live at 10 Monez Blvd. which is slightly down and across mostly open undeveloped property from 582 E. Spring. The close proximity is most obvious from a Google aerial view. 582 is at the upper end of an acoustic bowl which flows down hill towards Monez 14

15 Boulevard. Even normal sounds from 582 are easily heard on our property. On one occasion a party and live band was performing at 582, and the noise was so loud it seemed as if the band's speakers were on our deck. I drove to the home to ask that they moderate the band and speaker systems. The person who said he was the owner summarily dismissed my concerns. My concern and objection is that if this property becomes a pool and party house rental the noise will be intrusive and disturb the peaceful enjoyment of our property as well as that of our neighbors. Could you please tell me what is meant by a one bedroom hosted accommodation vacation rental? A Hosted Accommodation vacation rental is defined as a vacation rental business for which the owner resides at the vacation rental unit, and the owner sleeps at the vacation rental unit while it is being rented, and no more than two bedrooms are rented for transient occupancy pursuant to this Section. In this case, the owners are requesting the ability to rent one bedroom out of their home. Per Ordinance, the maximum number of overnight guests would be limited to two (2). Does that mean only one bedroom can be rented and that the owner has to be present? Yes. If so, is that something that can be enforced? Yes. Any violation of the Ordinance or the Conditions of Approval could result in the permit being revoked or not re-issued during the annual review. Will we be supplied a local telephone number where we can complain about noise? Yes. Should the permit be approved, all property owners within 500 feet (the same as those receiving the Notice of Application) will receive a Notice of Approval. This notice will contain the Conditions of Approval, the 24-hour phone number for the property owner, as well as phone numbers for the City Code Enforcement Officers and non-emergency Police number to report any complaints or violations of the Ordinance and/or Conditions of Approval. Richard Walton ATTACHMENT 4 15

16 ATTACHMENT 4 From: To: Subject: Date: Ed Moody Walker, Michael Project VR Tuesday, March 08, :44:00 AM Dear Mr. Walker, I have been made aware of a hosted accommodation vacation rental application for 582 E Spring St that may effect our neighborhood. I live at 20 Monez Blvd, approximately 500 ft from the property. While I am in support of the hosted vacation rental initiative in general, I am concerned about this particular application given the applicant's past actions. I, as several others, were subjected to a day of amplified live music that would have drowned out the loudest acts at Bottle Rock. When asked to turn down the volume, he refused and dismissed the request summarily. While this was an isolated incident, I believe it speaks to the owner's disregard for his neighbors' concerns. As a result, I am adding my voice to those of my neighbors to raise concerns about this granting this permit. Regards, Ed Moody 20 Monez Blvd Napa, CA

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