Community Development Department Planning Division 1600 First Street + P.O. Box 660 Napa, CA Napa (707)

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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.E. VR Emperor Way Vacation Rental Permit I. GENERAL INFORMATION PROJECT SUMMARY: LOCATION OF PROPERTY: GENERAL PLAN: ZONING: Appeal of a Hosted Accommodation Vacation Rental Permit 18 Emperor Way APN: SFI-3, Single Family Residential Infill RI-10, Single Family Residential Infill District APPLICANT/ PROPERTY OWNER: Patrick & Aileen McCluskey 18 Emperor Way Napa CA, Phone: (707) STAFF PLANNER: Michael Walker, Senior Planner Phone: (707) LOCATION MAP 1

2 Vacation Rental Permit 18 Emperor Way 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 29, Patrick & Aileen McCluskey submitted an application requesting approval of a two bedroom Hosted Accommodation vacation rental permit for their home at 18 Emperor Way. On March 24, 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 6, An appeal was filed by Jeff Chandler on April 18, A petition and subsequent letters requesting denial of the permit were also received on April 18, III. PROJECT CONTEXT The property is generally located on the north side of Emperor Way, west of Hahnemann Lane. The residence is a three bedroom, three-and-a-half bathroom home of approximately 3,000 square feet. The property has four total off-street parking spaces available for guests. The property borders agricultural land to the north and is adjacent to single family homes on the east and west (see Figure 1). 2

3 Vacation Rental Permit 18 Emperor Way VR FIGURE 1 IV. ANALYSIS OF APPEAL On April 18, 2016, Jeff Chandler, Will Harper, Abe and Rita Abboud, Angela Midyette, Steve and Erica Heun, Julie Prince-McClenahan, and John and Louise Prince, (collectively Neighbors of 18 Emperor Way ) filed an appeal of the approval of the permit. The main points of the appeal are summarized and addressed below. 1. Homeowners Association (HOA) Prohibition. Staff Response: While staff encourages all applicants to verify with their HOA or similar property management entity regarding CC&Rs or bylaws, the City does not enforce rules and regulations by private entities. Regarding Hosted Accommodation Vacation Rental Permits, staff reviews applications for compliance with Section of the Napa Municipal Code. Violations of CC&Rs and/or neighborhood bylaws is a civil matter between the property owner and the HOA or property management entity. 2. Privacy and trespassing concerns. Staff Response: Regarding privacy, the Applicant has agreed to additional conditions to restrict guests from the side yard on the east side of the house where there are no privacy fences. Guests shall also be informed as to not trespass into the agricultural land north of the property. These conditions are outlined in the Conditions of Approval, which, if violated, could result in Code Enforcement action and potential revocation of the permit. 3. Appropriateness of a vacation rental use in a residential neighborhood. Staff Response: During numerous public meetings and hearings before the City Council and the Planning Commission, it was determined that adoption of a 3

4 Vacation Rental Permit 18 Emperor Way VR comprehensive ordinance regulating the issuance of and operating conditions attached to vacation rental permits was necessary to protect the public health, safety, and welfare. Application of these conditions for the limited number of Hosted Accommodation permits and regulating the concentration of transient uses would limit the adverse impacts on residential neighborhoods. Staff acknowledges the issue of HOA CC&Rs, however, compliance with CC&Rs is a matter between the property owner and the HOA. Staff has discussed the issue with the Applicants and the Applicants are aware of the potential conflict with the CC&Rs. Staff believes the additional conditions applied to the Hosted Accommodation permit for 18 Emperor Way will adequately mitigate the appellants expressed concerns regarding privacy and trespassing. The Hosted Accommodation vacation rental application meets the criteria for approval of a Vacation Rental Permit as outlined in Chapter Vacation Rentals. 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 denial of 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. REQUIRED ACTIONS 1. Adopt a resolution denying an appeal of an administrative action approving a Hosted Accommodation Vacation Rental Permit at 18 Emperor Way. 4

5 Vacation Rental Permit 18 Emperor Way VR X. DOCUMENTS ATTACHED 1. Resolution denying the appeal of Neighbors of 18 Emperor Way and approving a Vacation Rental Permit to establish a Hosted Accommodation Vacation Rental at 18 Emperor Way. 2. Appeal application and supporting documentation. 3. Performance standards for Vacation Rental Permits 4. Site Plan 5

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7 ATTACHMENT 1 RESOLUTION PC2016-_ RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF NAPA, STATE OF CALIFORNIA, DENYING THE APPEAL OF NEIGHBORS OF 18 EMPEROR WAY AND APPROVING A VACATION RENTAL PERMIT TO ESTABLISH A HOSTED ACCOMMODATION VACATION RENTAL AT 18 EMPEROR WAY (APN )(VR ) WHEREAS, Patrick and Aileen McCluskey submitted an application for a Hosted Accommodation vacation rental permit at 18 Emperor Way on January 29, 2016 (APN )(VR ); WHEREAS, the Community Development Director approved a Vacation Rental Permit to establish a Hosted Accommodation vacation rental at 18 Emperor Way; and WHEREAS, Neighbors of 18 Emperor Way 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 Neighbors of 18 Emperor Way of the Community Development Director s decision and approves a Vacation Rental Permit to establish a Hosted Accommodation vacation rental at 18 Emperor Way. Section 6. 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 7

8 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 8

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23 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. 23

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