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05-24-2016 CC Rpt B02May 17, 2016 CITY CLERK USE ONLY Item No.: B02 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: REGULATION OF BOARDING HOUSES AND PROHIBITION OF TRANSIENT LODGING USES AND BED AND BREAKFASTS IN RESIDENTIAL ZONES •uu 111407IJ17219 •► Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 16 (DEVELOPMENT CODE) TO REGULATE BOARDING HOUSES, PROHIBIT TRANSIENT LODGING USES AND BED AND BREAKFASTS IN RESIDENTIAL ZONES, AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND/ANALYSIS The City Council has expressed two concerns about the City's residential areas: (1) numerous different tenants living in one residential unit, and (2) short-term renters/lessees of residential units. The concern is that having too many different individuals leasing rooms within a unit, or having short-term tenants, erodes the integrity of residential zones. Specifically, tenants that only stay for one night, a week, or even a few weeks do not have the same interest in investing their time and energy in preserving the neighborhood and the community. These concerns and problems are being addressed in other Southern California cities, particularly in response to short term stay on -fine services like Airbnb. The proliferation of internet-based services that facilitate the listing, advertising, and hiring of transient residential rentals has led to significant increases in the number of transient rentals throughout the City's residential zones. Based upon a recent review of websites facilitating short-term residential rentals, specifically Airbnb (www.airbnb.com) and Vacation Rentals by Owner (www.vrbo.com), approximately 29 residential properties in the City of Chino Hills are currently listed for short term rental (Exhibits "A" and "B"). 99/123 AGENDA DATE: MAY 24, 2016 PAGE 2 SUBJECT: MUNICIPAL CODE AMENDMENT NO. 16MCA02 Bed and breakfast uses were permitted in the Agriculture -Ranch and Rural Residential zones under the San Bernardino County Development Code and were incorporated into the City's Development Code upon incorporation. However, these uses are no longer appropriate in residential zones in a community that has grown and evolved significantly since the time before incorporation. The City's remaining Agriculture -Ranch (R -A) and Rural Residential (R -R) properties are typically underserved by roads and infrastructure and would not be good locations for bed and breakfast uses. Prohibiting bed and breakfast uses is consistent with not allowing boarding houses in single family zones. There are no active business licenses for the operation of a bed and breakfast business within the City. Chapter 16.02 General Provisions and Definitions Section 16.02.140 will be amended to add a definition of boarding house or rooming house to read as follows: 'Boarding house' or 'rooming house' means a dwelling, building, or accessory building rented to three or more individuals under concurrent, separate rental agreements or leases, either written or oral or implied, whether or not an owner, agent, or rental manager is in residence. Meals may be provided to boarders in connection with the renting of sleeping rooms or common kitchen facilities may be provided. This definition does not include any of the following: • Hotel; • Motel; • Emergency shelter; • Transitional housing; • Single -room occupancy residential hotels; • Skilled nursing facility; • Small family day care home; • Supportive housing; • Group home; • A residential facility as defined in the California Community Care Facilities Act (Health & Safety Code § 1500 et seq.) that serves six or fewer persons; • Housing for persons protected under the Fair Housing Act (42 USC § 3604(f)) or the California Fair Housing Act (Gov't Code § 12920 et seq.); • Alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons (as defined in Health & Safety Code § 11834.23(b)); • Employee housing providing accommodations for six or fewer employees (as defined in Health & Safety Code § 17021.5); • Employee housing providing accommodations for six or fewer employees (as defined in Health & Safety Code § 17021.5); • Residential care facilities for the elderly that serve six or fewer persons (Health & Safety Code § 1569.85); • Intermediate care facilities/developmentally disabled habilitative facilities serving six or fewer persons (Health & Safety Code § 1250(e), 1267.8); or • Any other use or arrangement expressly excluded from the definition of 'boarding house' or 'rooming house' pursuant to state or federal law, 100/123 AGENDA DATE: MAY 24, 2016 PAGE 3 SUBJECT: MUNICIPAL. CODE AMENDMENT NO. 16MCA02 including household arrangements protected by City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123. Additionally, Section 16.02.150 will be amended to delete the definition of "communal housing." Chapter 16.10 Residential Districts Section 16.10.020 will be amended to add subparagraph (E) to prohibit commercial transient lodging uses in all residential districts to read as follows: E. Except as otherwise permitted by this code, transient lodging uses for remuneration are prohibited in all residential districts. For purposes of this section, `transient' means a period of time less than 30 consecutive days. Chapter 16.12 Commercial Districts Section 16.12.020 will be amended to add subparagraph (D) to conditionally permit boarding houses in the Freeway Commercial (C -F), General Commercial (C -G), and Commercial Recreation (GR) districts to read as follows: D. A boarding house may be conditionally permitted in the C -F, C -G, and C-R zoning districts provided that: 1. The boarding house contains no healthcare facilities similar to those found in a medical clinic. 2. Not more than two (2) persons are permitted to occupy one rental room. 3. One uncovered on-site parking space must be provided for each sleeping room. Appendix A Regulation of Uses by Zoning District The use matrix in Appendix A will be amended to designate the boarding house/rooming house use as conditionally permitted in the Freeway Commercial (C -F), General Commercial (C -G), and Commercial Recreation (C-R) zoning districts and prohibit the use in all other zoning districts. The amendment would also delete bed and breakfasts from the matrix, prohibiting the use in any zoning district. These amendments will be reflected in Appendix A to read as follows: Review by the Planning Commission: 101/123 R R R R R R R C C C C C B L i O Zoning District band Use R 5 M M M N F G O R P 1 - - S 1 2 3 1 2 Boarding HouselRooming C C C House Review by the Planning Commission: 101/123 AGENDA DATE: MAY 24, 2016 PAGE 4 SUBJECT: MUNICIPAL CODE AMENDMENT NO, 16MCA02 On May 3, 2016, the Planning Commission conducted a public hearing to consider staff's recommendation to amend the Chino Hills Municipal Code to regulate boarding houses and prohibit transient lodging uses and bed and breakfasts in residential zones, Commissioner Stover suggested that the definition of boarding house and rooming house be revised to clarify that the definition refers to the "concurrent" rental or lease of a building to three or more individuals under separate rental or lease agreements. The Commission generally discussed the potential for short-term rental uses to disrupt the character of existing residential neighborhoods. There were two speakers during the public hearing. Mrs. Cynthia Knutson expressed concern about the growing numbers of short-term rentals being advertised within the City's residential neighborhoods; she noted that the introduction of these commercial uses into residential communities results in increased traffic, parking demand, noise, and security concerns. Mr. Jim Gallagher recalled the City's efforts to address previous Code Enforcement complaints involving boarding houses and discussed the deleterious effects of this type of use on the surrounding properties. Both of the speakers expressed support for the proposed amendments to the Municipal Code. The Planning Commission adopted a resolution, updated to clarify the definition of boarding house and rooming house as suggested by Commissioner Stover, recommending to the City Council the adoption of the proposed Municipal Code Amendment by a unanimous vote, 3-0 (Commissioners Larson and Eliason were absent). The Planning Commission also recommends that the City Council direct the Code Enforcement Division to engage in proactive enforcement of the proposed ordinance once it is in effect. Public Notice/Public Comments: Staff published a public hearing notice in the Chino Hills Champion newspaper on May 14, 2016. As of the writing of this staff report, staff has not received any public comments concerning the proposed Municipal Code Amendment. REVIEW BY OTHERS: This item has been reviewed by the City Attorney's Office. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this Ordinance. CEQA REVIEW: Adoption of the proposed ordinance is exempt from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (Title 14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and 102/123 AGENDA DATE: MAY 24, 2016 PAGE 5 SUBJECT: MUNICIPAL CODE AMENDMENT NO. 16MCA02 specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This Ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. Furthermore, the City Council finds that it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment; therefore, it is not subject to CEQA pursuant to 14 Cal. Code Regs. § 15061(b)(3). Respectfully submitted, Konradt Bartlam City Manager KB/JL/RG Recommended by: Joann Lombardo Community Development Director Attachments: 1. Ordinance for Municipal Code Amendment 16MCA02 2. Exhibit "A" — Screenshots from Airbnb 3. Exhibit "B" — Printed Page from VRBO 4. Public Hearing Notice 103/123 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 16 (DEVELOPMENT CODE) TO REGULATE BOARDING HOUSES, PROHIBIT TRANSIENT LODGING USES AND BED AND BREAKFASTS IN RESIDENTIAL ZONES, AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. The City's ability to exercise its powers in accordance with Article XI, § 7 of the California Constitution to regulate land use is well established. This ordinance is intended to regulate aesthetics, traffic, parking, public peace, and other similar matters related to public health, safety, and welfare. b. At City Council meetings, the City Council has expressed two concerns about the City's residential areas: (1) numerous different tenants living in one residential unit, and (2) short-term renters/lessees of residential units. The concern is that having too many different individuals leasing rooms within a unit, or having short-term tenants, erodes the integrity of residential zones. Specifically, tenants that only stay for one night, a week, or even a few months do not have the same interest in investing their time and energy in preserving the neighborhood and the community. These concerns and problems are being addressed in other Southern California cities, particularly in response to short term stay on-line services like Airbnb. c. This ordinance is tailored to preserve the residential character of a neighborhood by prohibiting boarding houses in residential zones and conditionally permitting boarding houses in commercial zones (C -F, C -G, and C-R) while respecting the rights to privacy and association that the California Supreme Court recognized in City of Santa Barbara v. Adamson (1980) 27 Cai.3d 123 and related cases. d. Preserving the residential character of a neighborhood is a legitimate government purpose that may be reasonably achieved by prohibiting commercial enterprises such as the operation of boarding house businesses. (See 86 Ops.Cal.Atty.Gen. 30 (2003) and cases cited therein.) In the multifamily residential (RM) zones, the City has little land Page 1 of 8 104/123 not already developed or entitled, so boarding houses in these zones would generally require subletting an existing apartment or leasing out a townhome, which would be deleterious for the community. e. The transient (short-term) commercial use of residential property also has deleterious effects on residential and community character. Short-term tenants that stay only for one night, a week, or even a month in a residential area have little interest in the community or the welfare of its citizenry; as such, they do not generally participate in local government and community organizations that strengthen a City and its residents. f. The proliferation of internet-based services that facilitate the listing, advertising, and hiring of transient residential rentals has led to significant increases in the number of transient rentals throughout the City's residential zones. Based upon a review of websites facilitating short-term residential rentals, specifically Airbnb (www.airbnb.com) and Vacation Rentals by Owner (www.vrbo.com), approximately 29 residential properties in the City of Chino Hills are currently listed for short term rental. g. Local ordinances that prohibit or regulate transient commercial uses of residential property have been upheld in cases such as Ewing v. City of Carmel -By -The -Sea (1991) 234 Cal.App.3d 1579 because such regulations are rationally related to preservation and enhancement of the residential character of the neighborhood and stability of the community. h. Bed and breakfast uses were permitted in the Agriculture -Ranch (R -A) and Rural Residential (R -R) zones under the San Bernardino County Development Code and were incorporated into the City's Development Code upon incorporation. However, these uses are no longer appropriate in residential zones in a community that has grown and evolved significantly since the time before incorporation. The City's remaining R -A and R -R properties are typically underserved by roads and infrastructure and would not be good locations for bed and breakfast uses. Prohibiting bed and breakfast uses is consistent with not allowing boarding houses in single family zones. Currently, there are no active business licenses for the operation of a bed and breakfast business within the City. On May 3, 2016, the Planning Commission held a duly noticed public hearing to receive oral and documentary evidence from the public regarding the proposed amendments. The Commission generally discussed the potential for short-term rental uses to disrupt the character of existing residential neighborhoods and clarified the definition of boarding house and rooming house. The Planning Commission adopted a resolution recommending to the City Council the adoption of the proposed Municipal Code Amendment. Page 2 of 8 105/123 j. Notice of public hearing was published in the Chino Hills Champion newspaper on May 14, 2016. k. A duly noticed public hearing before the City Council was conducted on May 24, 2016, at which time all interested persons were given an opportunity to testify in support of, or in opposition to the project. SECTION 2. The City Council finds that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (Title 14 California Code of Regulations §§ 15000, et seq) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This Ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal, Code Regs. §§ 15301, 15305, and 15308. Furthermore, the City Council finds that it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment; therefore, it is not subject to CEQA pursuant to 14 Cal. Code Regs. § 15061(b)(3). SECTION 3. As required under Government Code § 65860, the City Council finds that Chino Hills Municipal Code amendments proposed in Municipal Code Amendment No. 16MCA02 are consistent with the Chino Hills General Plan as follows. a. The proposed amendment to the Chino Hills Municipal Code conforms to General Plan Goals LU -3 and LU -4, which require the maintenance and promotion of the character, integrity, and excellence of design of the City's neighborhoods. The proposed amendment would prohibit transient lodging uses within the City's residential zoning district, which is intended to prevent the deleterious effects of these commercial uses from impacting the residential character of these communities and to ensure safe and decent housing. SECTION 4. In accordance with Chino Hills Development Code § 16.62.040, the City Council makes the following findings of fact: a. FINDING: That the proposed Municipal Code Amendment is consistent with the goals, policies and objectives of the General Plan. FACT: The proposed amendment to the Chino Hills Municipal Code conforms to General Plan Goals LU -3 and LU -4, which require the maintenance and promotion of the character, integrity, and excellence of design of the City's neighborhoods. The proposed amendment would prohibit transient lodging uses within the City's residential zoning district, Page 3 of 8 106/123 which is intended to prevent the deleterious effects of these commercial uses from impacting the residential character of these communities and to ensure safe and decent housing. b. FINDING: That the proposed Municipal Code Amendment will not adversely affect surrounding properties. FACT: The proposed Municipal Code Amendment would be effective citywide and provides reasonable development standards to further enhance the health, safety, and welfare of the community and will not adversely affect surrounding properties. SECTION 5. Chino Hills Municipal Code § 16.02.140 is amended, in part, to add the definition of "boarding house" or "rooming house" to read as follows, while all other items in this section shall remain unchanged: "'Boarding house' or 'rooming house' means a dwelling, building, or accessory building rented to three or more individuals under concurrent, separate rental agreements or leases, either written or oral or implied, whether or not an owner, agent, or rental manager is in residence. Meals may be provided to boarders in connection with the renting of sleeping rooms or common kitchen facilities may be provided. This definition does not include any of the following: • Hotel; • Motel; • Emergency shelter; • Transitional housing; • Single -room occupancy residential hotels; • Skilled nursing facility; • Small family day care home; • Supportive housing; • Group home; • A residential facility as defined in the California Community Care Facilities Act (Health & Safety Code § 1500 et seq.) that serves six or fewer persons; • Housing for persons protected under the Fair Housing Act (42 USC § 3604(f)) or the California Fair Housing Act (Gov't Code § 12920 et seq.); • Alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons (as defined in Health & Safety Code § 11834.23(b)); • Employee housing providing accommodations for six or fewer employees (as defined in Health & Safety Code § 17021.5); • Employee housing providing accommodations for six or fewer employees (as defined in Health & Safety Code § 17021.5); • Residential care facilities for the elderly that serve six or fewer persons (Health & Safety Code § 1569.85); • Intermediate care facilities/developmentally disabled habilitative facilities serving six or fewer persons (Health & Safety Code § 1250(e), 1267.8); or Page 4 of 8 107/123 Any other use or arrangement expressly excluded from the definition of `boarding house` or 'rooming house' pursuant to state or federal law, including household arrangements protected by City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123. SECTION 6. Chino Hills Municipal Code § 16.02.150 is amended, in part, to delete the definition of "communal housing", while all other items in this section shall remain unchanged. SECTION 7. Chino Hills Municipal Code § 16.10.020 is amended, in part, to add subparagraph (E) to prohibit commercial transient lodging uses in all residential districts to read as follows, while all other items in this section shall remain unchanged: E. Except as otherwise permitted by this code, transient lodging uses for remuneration are prohibited in all residential districts. For purposes of this section, 'transient' means a period of time less than 30 consecutive days. SECTION 8. Chino Hills Municipal Code § 16.12.020 is amended, in part, to add subparagraph (D) to conditionally permit boarding houses in the Freeway Commercial (C -F), General Commercial (C -G), and Commercial Recreation (C-R) districts to read as follows, while all other items in this section shall remain unchanged: D. A boarding house may be conditionally permitted in the C -F, C -G, and C-R zoning districts provided that: 1. The boarding house contains no healthcare facilities similar to those found in a medical clinic. 2. Not more than two (2) persons are permitted to occupy one rental room. 3. One uncovered on-site parking space must be provided for each sleeping room. SECTION 9. Chino Hills Municipal Code Title 16, Appendix A (Regulation of Uses by Zoning District) is amended, in part, to delete the entry for "Bed and breakfasts" and prohibit the use in any zoning district and to add an entry for "Boarding House/Rooming House" as a conditionally permitted use in the Freeway Commercial (C -F), General Commercial (C -G), and Commercial Recreation (C-R) zoning districts read as follows, while all other items in this section shall remain unchanged: Zoning District Land Use R A R R R S R M R M R M C N C F C G C O C R B P L I I i O S 9 2 3 1 2 Boarding House/Rooming C C C House SECTION 10. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Page 5 of 8 108/123 Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92-02. SECTION 11. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 12. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 13. Repeal of any provision of the Chino Hills Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance. SECTION 14. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Chino Hills Municipal Code or other city ordinance by this Ordinance will be rendered void and cause such previous Chino Hills Municipal Code provisions or other city ordinances to remain in full force and effect for all purposes. SECTION 15. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 6 of 8 109/123 SECTION 16. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ADOPTED this day of , 2016. ART BENNETT, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Page 7 of 8 110/123 Soreenshots from Airbnb For Short -Term Rentals In the City of Chino Hills 111/123 Exhibit `sA" V G ^i e ❑ 3rd 5t � — i1- Ram�ma Ave c ine Ave 1 P.pelare Ave z tf d a pp G rc sr St I a Ave N 4 © a m E iGar — a i i t7 v O M > l Q� U 0. m � N U 4 r 0%, u u SU b qe aSwum Ave x, i .4 0 8 i .0 W E � aM1yar:Ylary� ,.3 � lr� C \� W m C u u (L q Ccnlral Ave y S M l 0. m � U 4 r 0%, u u b qe aSwum Ave x, i .4 i W E � aM1yar:Ylary� ,.3 S (A Q 19 11 g N W Nylon o: a Jv4')Aad L) S Il a P1YfRr,O d1 {o E N 0 T C `- O as u N Efl .4 Q 19 11 W M rE U 112/123 0 -j 1..9 1 .1 2 @U CL Ff r n Ave Ftn Aye R. C o"4 i Av t 41 L ID V6 X Central Ave E iiiilii"O'D Is ci E 0 u E A U lu w OZ ci pp ra A rl my nqaqv 0; + E 0 U) 00 0. .1. E 0 r E Q 0 a 0. 41 rrE 11 0 0 0 0 a) C OL Tj 0 0 cit E c c co E 0 ic 0 41 ca O Tj E 0. m co Flo ca O 113/123 O 113/123 Exhibit S Print out from VRBO For Short -Term Rentals In the City of Chino Hills 114/123 Exhibit "B" 4/2712416 Chino Hills Vacation Rentals From VRBO Chino Hills. CA, USA Arrival I Depart Oldon't have dates yet Guests ,LL Search [ Sort by: VRBO Sort Price: Any Sleeps: Any Bedrooms: Any Booking type: Edit More filters: Add+ ♦Back to list view [,.01 Search when I move 111 JL�LJ_- htlps:IMww.vrbo.com hacation-rental sl@34.024640918323145,-117.55345007275389,33.91698388545228,-117.77317663525389,13z?q= chi na%20hill s%2C%20c... 111 115/123 4/27/2316 Chino Hills Vacation Rentals From VRBO Chino Hills, CA, USA Arrival Depart i lIdon't have dates yet Guests IIJIL Search Sart by: VRBO Sort Price: Any Sleeps: Any Bedrooms: Any Booking type: Edit More filters: Add+ $203 avg/night f E C I IRZ�f1 p $668 avg/night �;biq avg/nigm Chino Hills (1 rental) Home o- USA t California 6 Chino Hills 1ta Expand map Cozy 4bd/2.5 Bathroom House $203 #4172962ha avg/night 1-2 night min stay La Verltf' Ciar 4 BR 2.5 BA Sleeps 9 WO Book now Owner Operated Pornona Feedback https:/A,mv.vrbo.com tvacati or,rentals/@34.03471075557193,-117.5622348029785,33.92766716548575,-117.7819313654785,13z?q=chi no°/420hi l is%2C%20ca%a... 115 116/123 4/27/2016 China Hills Vacation Rentals From VRHQ cL S(a<< r titch MaplI data @2016 V q ,.Fg 4q ma r errof https:INA"v.vrbo.comtvacaUor-rentalsl@34.03471075557193,-117,5622048029785,33.92766716548575,-117.7819313654785,13a?q=chino%20hll Is%2C%20ca%.... 215 117/123 412712016 Sponsored Links Chino Hills Vacation Rentals From VRBO goaheadtours.... 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It is very quiet and the surroundings incl. pool are well https:IA-Avw.vrbo.comNacati or,rental s1@34.03471075557193, -117.5622048029785,33.92766716548575,-1i7.7819313654785, i 3z?q=chi no°/o20hil Is%2C%20oa%... 315 118/123 4/27/2016 Chino Hills Vacation Rentals From VRBO looked after. The view from this condo is amazing. Susan was very helpful and friendly. This is definately the place to stay if you want to relax and enjoy the beach." Guest: Tiffany Date of Stay: May 2015 Review Submitted: May 25, 2015 View listing Wonderful Condo "We have rented from Marie Brown every winter for 6 years. She is a wonderful person and very easy to work with, if there are any problems she takes care of them. The Condo is decorated very nice, it looks just like the picture. It is well stocked. It is close to everything. Pier Park has anything you need, a nice choice of restaurants & stores. The sunsets from the patio are amazing. Would rent from Marie anytime." Guest: Carol K. Date of Stay: December 2015 View listing Review Submitted: February 22, 2016 Excellent "First time renting a cabin & I made the perfect choice. Searched the internet & by shear luck came across this one. The cabin was very clean, very well stocked, beautifully decorated. Loved getting up on the crisp mornings sitting on the porch listening to nature come alive. The beds were comfortable. Not too far from all the attractions but away enough to get off the beaten path. Directions given were right on target. After riding for 7 hours it was home away from home. I highly recommend for any occasion" Guest: Donna F. Date of Stay: October 2015 View listing Review Submitted:. October 4, 2015 Super week -end "Chalet tres agreable decore avec gout, super bien dquipe, bien chauffe et tres agreable a vivre car tres calme Nous y sommes alles a ' couples 2 bebes et 1 fillette de 3 ans. Chacun sa chambre, deux salles de bain deux WC super lorsque Von est si nombreux Nous y retournons des que l'occasion se presentera c'est s6r. N'hesitez pas a vous y rendre:' Guest: christine B. Date of Stay: March 2016 View listing Review Submitted: March 28, 2016 Q Featured Destinations: The Villages, Rosemary Beach, Destin Condo Rentals, Amelia Island, Myrtle Beach, Outer Banks https:/hvww.vrbo.comlvacation-rentals!@34.03471075557193,-117.5622048029785,33.92766716:518575,-117.7819313654785,13z?q=chi no%20hl I Is%2C%20ca%... 415 119/123 4/27/2016 Chino Hills Vacation Rentals From VRBO Sponsored Advertisement View more of the HomeAway Family List your property I Testimonials I Advantages I Rental Guarantee I Links I Luxury from HomeAway I Careers Product Mews Insider Guides provided by Cc Copyright 1995 -Present HcmeAway.com, Inc. All fights reserved. Use of this website constitutes acceptance of the Terms and Conditions and Privacy Policy. VRBO" and'Vacation Rentals by Owner" are registered trademarks of HomeAway.com, Inc. and cannot be used without permission. https:Ihvwnv.vrbo.comlvacatiorrrentalst@34.03471075557193,-117.562204,9029785,33.92766716548575,-117,7819313654785,13z?q=chino%20hi IIs%2C%s20ca%... 515 120/123 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Chino Hills will hold a public hearing on Tuesday, May 24, 2016 at 7:00 p,m. in the Council Chambers of the City Hall, 14000 City Center Drive, to consider a proposal to amend Title 16 of the Chino Hills Municipal Code, Chapter 16.02 General Provisions and Definitions, Chapter 16.10 Residential Districts, Chapter 16.12 Commercial Districts, and Appendix A Regulation of Uses by Zoning District of the Municipal Code to define "boarding house" and "rooming house" uses, delete the definition of "communal housing", specify the permissibility of "boarding house" and/or 'rooming house" uses in the City's zoning districts, regulate transient lodging, and prohibit bed and breakfast uses within the City. (Municipal Code Amendment No. 16MCA02) NOTICE IS FURTHER GIVEN that a determination has been made that the adoption of the ordinance associated with proposed Municipal Code Amendment No. 16MCA02 is exempt from the provisions of the California Environmental Quality Act (CEQA) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. Consequently, the proposed amendment to the Municipal Code is categorically exempt from further CEOA review under Cal. Code Regs. Title 14, §§ 15301, 15305, 15308, and 15061.b.3. Additional information regarding this project is available for public review at the City of Chino Hills Community Development Department, 14000 City Center Drive, Chino Hills, CA 91709 during the following hours: Monday thru Thursday from 7:30 a.m. to 5:30 p.m. and Friday from 7:30 a.m. to 4:30 p,m. NOTICE IS FURTHER GIVEN that if you challenge the above described action in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. ALL INTERESTED PERSONS are invited to be present at the public hearing. All persons may give testimony at the time and place Indicated above. Additional information regarding this project may be obtained 121/123 from Ryan Gackstetter, Senior Planner with the Community Development Department at (909) 364-2749 or rgackstetter@chinobills.org. DATED: May 10, 2016 S/ Cheryl Balz, City Clerk PUBLISH: Chino Hills Champion Saturday, May 14, 2016 122/123 Cheal Balz From: Meranda Linne <merandauphills@gmail.com> Sent: Thursday, May 12, 2016 12:15 AM To: City Council -web mail Subject: Boarding Houses Rent More than 30 -day Categories: FYI only Dear Council Members, I was really excited to learn the city finally takes efforts to ban boarding houses and make Chino Hills a better place to live. Other than the short tern rentals (less than 30 days), I'm wondering if there's any step taken toward multiple renters reside in one house for more than 30 days. For instance, I'm aware of a house that's located at 2539 Paseo Del Palacio, Chino Hills that there are five to ten junior or high school students reside without obvious parental guidance, perhaps there are some adults, however, we don't know if these kids being legally supervised or anyone is taking advantage of the public education, Will the council members also address situations like this because I've seen increasing numbers of these houses appear in neighborhoods. We as residents would also like to see ways the ordinance being enforced. Again, thank you for the efforts and changes. We look forward to a better living environment. If you could comment back on my email, I will be greatly appreciated. Thank you Meranda L 123/123 Cyr % " a REQUEST TO SPEAK COMMENTS ARE UMITEO TO S MINUTES The Red Light on the podium indicates your time has elapsed NOT THIS DOCUMENT IS A PUBLIC RECORD PLEASE PRINT I Company/Assdciabon/Organbation (A any): AddressorArea of Residenm (Optional):: __ I wish to speak. under. 1.. PUBLIC COM+IMEN'¢sS: SECTION 2. AGENDA ITEM NO. -_ FAVOR. __,,, OPPOSE be PLEASE PRINT Name: Company/AssociationfOrganizalion(iif any): ry o r f" V 1 nl o t tS Tr/1H Address orAma of Residence.(Oplionat)s U I wish to speak under. 1.. PUBLIC COMMENTS SECTION / Subject: 2. AGENDA REM NO: J -Z— FAVOR `� OPPOSE— PLEASE SUBMIT TO PPOSE PLEASESUBMITTO CITY CLERK PRIOR TO MEETING PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING p� // REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Rod Light on the podium indicates your time has elapsed .NOTE -THIS: DOCUMENT IS A PUBLICRECORD PLEASE PRIPIT Name:. AUT%40e3y WA -,j Company/AsseciationfOrgaribntion (if any): Address or Area of Residence.{Op3ionat):=ott- tE+A-i=� I wish to speak. under. 1. PUBLIC COMMENTS: SECTION 2, AGENDA ITEM NO:.. 62- FAVOR OPPOSE PLEASE SUBMIT TO CITY CLERK PRIQRTO MEETING 1 C REQUEST TO SPEAK COMMENTS ARE LIMITED TO 3 MINUTES The Red Llght+on the podium indlantesyofly time has Elapsed. NOTE—THIS DOCUMENT 1S APUBLIC RECORD PLEASE PRIM' Name: 0,"4,,, Company/Associa&on/Organ¢aiion (if any):. . Addy OrAvea of Residence (Oplional): I wish to speak under 9. PUBLIC COMMENTS SECTION 2 AGENDA ITEM O. FAVOR._ OPPOSE... PLEASE SUBMIT TO CITY CLERK PRIOR TO MEETING I May 17, 2016 CITY CLERK USE ONLY Item No.: B02 TO: HONORABLE MAYOR AND CITY COUNCIL MEMBERS FROM: CITY MANAGER SUBJECT: REGULATION OF BOARDING HOUSES AND PROHIBITION OF TRANSIENT LODGING USES AND BED AND BREAKFASTS IN RESIDENTIAL ZONES RECOMMENDATION: Introduce an Ordinance entitled: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 16 (DEVELOPMENT CODE) TO REGULATE BOARDING HOUSES, PROHIBIT TRANSIENT LODGING USES AND BED AND BREAKFASTS IN RESIDENTIAL ZONES, AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT BACKGROUND/ANALYSIS The City Council has expressed two concerns about the City's residential areas: (1) numerous different tenants living in one residential unit, and (2) short-term renters/lessees of residential units. The concern is that having too many different individuals leasing rooms within a unit, or having short-term tenants, erodes the integrity of residential zones. Specifically, tenants that only stay for one night, a week, or even a few weeks do not have the same interest in investing their time and energy in preserving the neighborhood and the community. These concerns and problems are being addressed in other Southern California cities, particularly in response to short term stay on -fine services like Airbnb. The proliferation of internet-based services that facilitate the listing, advertising, and hiring of transient residential rentals has led to significant increases in the number of transient rentals throughout the City's residential zones. Based upon a recent review of websites facilitating short-term residential rentals, specifically Airbnb (www.airbnb.com) and Vacation Rentals by Owner (www.vrbo.com), approximately 29 residential properties in the City of Chino Hills are currently listed for short term rental (Exhibits °A" and "B"). AGENDA DATE: MAY 24, 2016 PAGE 2 SUBJECT: MUNICIPAL CODE AMENDMENT NO. 16MCA02 Bed and breakfast uses were permitted in the Agriculture -Ranch and Rural Residential zones under the San Bernardino County Development Code and were incorporated into the City's Development Code upon incorporation. However, these uses are no longer appropriate in residential zones in a community that has grown and evolved significantly since the time before incorporation. The City's remaining Agriculture -Ranch (R -A) and Rural Residential (R -R) properties are typically underserved by roads and infrastructure and would not be good locations for bed and breakfast uses. Prohibiting bed and breakfast uses is consistent with not allowing boarding houses in single family zones. There are no active business licenses for the operation of a bed and breakfast business within the City. Chapter 16.02 General Provisions and Definitions Section 16.02.140 will be amended to add a definition of boarding house or rooming house to read as follows: 'Boarding house' or 'rooming house' means a dwelling, building, or accessory building rented to three or more individuals under concurrent, separate rental agreements or leases, either written or oral or implied, whether or not an owner, agent, or rental manager is in residence. Meals may be provided to boarders in connection with the renting of sleeping rooms or common kitchen facilities may be provided. This definition does not include any of the following: • Hotel; • Motel; • Emergency shelter; • Transitional housing; • Single -room occupancy residential hotels; • Skilled nursing facility; • Small family day care home; • Supportive housing; • Group home; • A residential facility as defined in the California Community Care Facilities Act (Health & Safety Code § 1500 et seq.) that serves six or fewer persons; • Housing for persons protected under the Fair Housing Act (42 USC § 3604(f)) or the California Fair Housing Act (Gov't Code § 12920 et seq.); • Alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons (as defined in Health & Safety Code § 11834.23(b)); • Employee housing providing accommodations for six or fewer employees (as defined in Health & Safety Code § 17021.5); • Employee housing providing accommodations for six or fewer employees (as defined in Health & Safety Code § 17021.5); • Residential care facilities for the elderly that serve six or fewer persons (Health & Safety Code § 1569.85); • Intermediate care facilities/developmentally disabled habilitative facilities serving six or fewer persons (Health & Safety Code § 1250(e), 1267.8); or • Any other use or arrangement expressly excluded from the definition of 'boarding house' or 'rooming house' pursuant to state or federal law, AGENDA DATE: MAY 24, 2016 PAGE 3 SUBJECT: MUNICIPAL CODE AMENDMENT NO. 16MCA02 including household arrangements protected by City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123. Additionally, Section 16.02.150 will be amended to delete the definition of "communal housing." Chapter 16.10 Residential Districts Section 16.10.020 will be amended to add subparagraph (E) to prohibit commercial transient lodging uses in all residential districts to read as follows: E. Except as otherwise permitted by this code, transient lodging uses for remuneration are prohibited in all residential districts. For purposes of this section, 'transient' means a period of time less than 30 consecutive days. Chapter 16.12 Commercial Districts Section 16.12.020 will be amended to add subparagraph (D) to conditionally permit boarding houses in the Freeway Commercial (C -F), General Commercial (C -G), and Commercial Recreation (C-R) districts to read as follows: D. A boarding house may be conditionally permitted in the C -F, C -G, and C-R zoning districts provided that: 1. The boarding house contains no healthcare facilities similar to those found in a medical clinic. 2. Not more than two (2) persons are permitted to occupy one rental room. 3. One uncovered on-site parking space must be provided for each sleeping room. Appendix A Regulation of Uses by Zoning District The use matrix in Appendix A will be amended to designate the boarding house/rooming house use as conditionally permitted in the Freeway Commercial (C -F), General Commercial (C -G), and Commercial Recreation (C-R) zoning districts and prohibit the use in all other zoning districts. The amendment would also delete bed and breakfasts from the matrix, prohibiting the use in any zoning district. These amendments will be reflected in Appendix A to read as follows: Review by the Planning Commission: R R R R R R C C C C C B L I I O Zoning District Land Use A R S M M M N F G O R P I S 1 2 3 1 2 Boarding House/Rooming C — C — C — House @ :rI and Breakfast G S Review by the Planning Commission: AGENDA DATE: MAY 24, 2016 PAGE 4 SUBJECT: MUNICIPAL CODE AMENDMENT NO. 16MCA02 On May 3, 2016, the Planning Commission conducted a public hearing to consider staff's recommendation to amend the Chino Hills Municipal Code to regulate boarding houses and prohibit transient lodging uses and bed and breakfasts in residential zones. Commissioner Stover suggested that the definition of boarding house and rooming house be revised to clarify that the definition refers to the "concurrent" rental or lease of a building to three or more individuals under separate rental or lease agreements. The Commission generally discussed the potential for short-term rental uses to disrupt the character of existing residential neighborhoods. There were two speakers during the public hearing. Mrs. Cynthia Knutson expressed concern about the growing numbers of short-term rentals being advertised within the City's residential neighborhoods; she noted that the introduction of these commercial uses into residential communities results in increased traffic, parking demand, noise, and security concerns. Mr. Jim Gallagher recalled the City's efforts to address previous Code Enforcement complaints involving boarding houses and discussed the deleterious effects of this type of use on the surrounding properties. Both of the speakers expressed support for the proposed amendments to the Municipal Code. The Planning Commission adopted a resolution, updated to clarify the definition of boarding house and rooming house as suggested by Commissioner Stover, recommending to the City Council the adoption of the proposed Municipal Code Amendment by a unanimous vote, 3-0 (Commissioners Larson and Eliason were absent). The Planning Commission also recommends that the City Council direct the Code Enforcement Division to engage in proactive enforcement of the proposed ordinance once it is in effect. Public Notice/Public Comments: Staff published a public hearing notice in the Chino Hills Champion newspaper on May 14, 2016. As of the writing of this staff report, staff has not received any public comments concerning the proposed Municipal Code Amendment. REVIEW BY OTHERS: This item has been reviewed by the City Attorney's Office. FISCAL IMPACT: There is no fiscal impact associated with the adoption of this Ordinance. CEQA REVIEW: Adoption of the proposed ordinance is exempt from the provisions of the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQA") and CEQA regulations (Title 14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and AGENDA DATE: MAY 24, 2016 PAGE 5 SUBJECT: MUNICIPAL CODE AMENDMENT NO. 16MCA02 specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This Ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. Furthermore, the City Council finds that it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment; therefore, it is not subject to CEQA pursuant to 14 Cal. Code Regs. § 15061(b)(3). Respectfully submitted, Konradt Bartlam City Manager KB/JL/RG Recommended by: - - � L."LaV Joann Lombardo Community Development Director Attachments: 1. Ordinance for Municipal Code Amendment 16MCA02 2. Exhibit "A" — Screenshots from Airbnb 3. Exhibit "B" — Printed Page from VRBO 4. Public Hearing Notice 1*100y.&<[*0a04�a AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CHINO HILLS, CALIFORNIA AMENDING THE CHINO HILLS MUNICIPAL CODE TITLE 16 (DEVELOPMENT CODE) TO REGULATE BOARDING HOUSES, PROHIBIT TRANSIENT LODGING USES AND BED AND BREAKFASTS IN RESIDENTIAL ZONES, AND DETERMINING THAT THE MUNICIPAL CODE AMENDMENT IS EXEMPT FROM REVIEW UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CHINO HILLS DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council does hereby make the following findings of fact: a. The City's ability to exercise its powers in accordance with Article XI, § 7 of the California Constitution to regulate land use is well established. This ordinance is intended to regulate aesthetics, traffic, parking, public peace, and other similar matters related to public health, safety, and welfare. b. At City Council meetings, the City Council has expressed two concerns about the City's residential areas: (1) numerous different tenants living in one residential unit, and (2) short-term renters/lessees of residential units. The concern is that having too many different individuals leasing rooms within a unit, or having short-term tenants, erodes the integrity of residential zones. Specifically, tenants that only stay for one night, a week, or even a few months do not have the same interest in investing their time and energy in preserving the neighborhood and the community. These concerns and problems are being addressed in other Southern California cities, particularly in response to short term stay on-line services like Airbnb. c. This ordinance is tailored to preserve the residential character of a neighborhood by prohibiting boarding houses in residential zones and conditionally permitting boarding houses in commercial zones (C -F, C -G, and C-R) while respecting the rights to privacy and association that the California Supreme Court recognized in City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123 and related cases. d. Preserving the residential character of a neighborhood is a legitimate government purpose that may be reasonably achieved by prohibiting commercial enterprises such as the operation of boarding house businesses. (See 86 Ops.Cal.Atty.Gen. 30 (2003) and cases cited therein.) In the multifamily residential (RM) zones, the City has little land Page 1 of 8 not already developed or entitled, so boarding houses in these zones would generally require subletting an existing apartment or leasing out a townhome, which would be deleterious for the community. e. The transient (short-term) commercial use of residential property also has deleterious effects on residential and community character. Short-term tenants that stay only for one night, a week, or even a month in a residential area have little interest in the community or the welfare of its citizenry; as such, they do not generally participate in local government and community organizations that strengthen a City and its residents. f. The proliferation of internet-based services that facilitate the listing, advertising, and hiring of transient residential rentals has led to significant increases in the number of transient rentals throughout the City's residential zones. Based upon a review of websites facilitating short-term residential rentals, specifically Airbnb (www.airbnb.com) and Vacation Rentals by Owner (www.vrbo.com), approximately 29 residential properties in the City of Chino Hills are currently listed for short term rental. g. Local ordinances that prohibit or regulate transient commercial uses of residential property have been upheld in cases such as Ewing v. City of Carmel -By -The -Sea (1991) 234 Cal.App.3d 1579 because such regulations are rationally related to preservation and enhancement of the residential character of the neighborhood and stability of the community. h. Bed and breakfast uses were permitted in the Agriculture -Ranch (R -A) and Rural Residential (R -R) zones under the San Bernardino County Development Code and were incorporated into the City's Development Code upon incorporation. However, these uses are no longer appropriate in residential zones in a community that has grown and evolved significantly since the time before incorporation. The City's remaining R -A and R -R properties are typically underserved by roads and infrastructure and would not be good locations for bed and breakfast uses. Prohibiting bed and breakfast uses is consistent with not allowing boarding houses in single family zones. Currently, there are no active business licenses for the operation of a bed and breakfast business within the City. i. On May 3, 2016, the Planning Commission held a duly noticed public hearing to receive oral and documentary evidence from the public regarding the proposed amendments. The Commission generally discussed the potential for short-term rental uses to disrupt the character of existing residential neighborhoods and clarified the definition of boarding house and rooming house. The Planning Commission adopted a resolution recommending to the City Council the adoption of the proposed Municipal Code Amendment. Page 2 of 8 j. Notice of public hearing was published in the Chino Hills Champion newspaper on May 14, 2016. k. A duly noticed public hearing before the City Council was conducted on May 24, 2016, at which time all interested persons were given an opportunity to testify in support of, or in opposition to the project. SECTION 2. The City Council finds that this Ordinance is exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 21000, et seq., "CEQX) and CEQA regulations (Title 14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. This Ordinance, therefore, does not have the potential to cause significant effects on the environment. Consequently, it is categorically exempt from further CEQA review under 14 Cal. Code Regs. §§ 15301, 15305, and 15308. Furthermore, the City Council finds that it can be seen with certainty that there is no possibility that the proposed Ordinance may have a significant effect on the environment; therefore, it is not subject to CEQA pursuant to 14 Cal. Code Regs. § 15061(b)(3). SECTION 3. As required under Government Code § 65860, the City Council finds that Chino Hills Municipal Code amendments proposed in Municipal Code Amendment No. 16MCA02 are consistent with the Chino Hills General Plan as follows: a. The proposed amendment to the Chino Hills Municipal Code conforms to General Plan Goals LU -3 and LU -4, which require the maintenance and promotion of the character, integrity, and excellence of design of the City's neighborhoods. The proposed amendment would prohibit transient lodging uses within the City's residential zoning district, which is intended to prevent the deleterious effects of these commercial uses from impacting the residential character of these communities and to ensure safe and decent housing. SECTION 4. In accordance with Chino Hills Development Code § 16.62.040, the City Council makes the following findings of fact: a. FINDING: That the proposed Municipal Code Amendment is consistent with the goals, policies and objectives of the General Plan. FACT: The proposed amendment to the Chino Hills Municipal Code conforms to General Plan Goals LU -3 and LU -4, which require the maintenance and promotion of the character, integrity, and excellence of design of the City's neighborhoods. The proposed amendment would prohibit transient lodging uses within the City's residential zoning district, Page 3 of 8 which is intended to prevent the deleterious effects of these commercial uses from impacting the residential character of these communities and to ensure safe and decent housing. FINDING: That the proposed Municipal Code Amendment will not adversely affect surrounding properties. FACT: The proposed Municipal Code Amendment would be effective citywide and provides reasonable development standards to further enhance the health, safety, and welfare of the community and will not adversely affect surrounding properties. SECTION 5. Chino Hills Municipal Code § 16.02.140 is amended, in part, to add the definition of "boarding house" or "rooming house" to read as follows, while all other items in this section shall remain unchanged: "'Boarding house' or 'rooming house' means a dwelling, building, or accessory building rented to three or more individuals under concurrent, separate rental agreements or leases, either written or oral or implied, whether or not an owner, agent, or rental manager is in residence. Meals may be provided to boarders in connection with the renting of sleeping rooms or common kitchen facilities may be provided. This definition does not include any of the following: • Hotel; • Motel; • Emergency shelter; • Transitional housing; • Single -room occupancy residential hotels; • Skilled nursing facility; • Small family day care home; • Supportive housing; • Group home; • A residential facility as defined in the California Community Care Facilities Act (Health & Safety Code § 1500 et seq.) that serves six or fewer persons; • Housing for persons protected under the Fair Housing Act (42 USC § 3604(f)) or the California Fair Housing Act (Gov't Code § 12920 et seq.); • Alcoholism or drug abuse recovery or treatment facilities that serve six or fewer persons (as defined in Health & Safety Code § 11834.23(b)); • Employee housing providing accommodations for six or fewer employees (as defined in Health & Safety Code § 17021.5); • Employee housing providing accommodations for six or fewer employees (as defined in Health & Safety Code § 17021.5); • Residential care facilities for the elderly that serve six or fewer persons (Health & Safety Code § 1569.85); • Intermediate care facilities/developmentally disabled habilitative facilities serving six or fewer persons (Health & Safety Code § 1250(e), 1267.8); or Page 4 of 8 Any other use or arrangement expressly excluded from the definition of 'boarding house' or 'rooming house' pursuant to state or federal law, including household arrangements protected by City of Santa Barbara v. Adamson (1980) 27 Cal.3d 123. SECTION 6. Chino Hills Municipal Code § 16.02.150 is amended, in part, to delete the definition of "communal housing", while all other items in this section shall remain unchanged. SECTION 7. Chino Hills Municipal Code § 16.10.020 is amended, in part, to add subparagraph (E) to prohibit commercial transient lodging uses in all residential districts to read as follows, while all other items in this section shall remain unchanged: E. Except as otherwise permitted by this code, transient lodging uses for remuneration are prohibited in all residential districts. For purposes of this section, 'transient' means a period of time less than 30 consecutive days. SECTION 8. Chino Hills Municipal Code § 16.12.020 is amended, in part, to add subparagraph (D) to conditionally permit boarding houses in the Freeway Commercial (C -F), General Commercial (C -G), and Commercial Recreation (C-R) districts to read as follows, while all other items in this section shall remain unchanged: D. A boarding house may be conditionally permitted in the C -F, C -G, and C-R zoning districts provided that: 1. The boarding house contains no healthcare facilities similar to those found in a medical clinic. 2. Not more than two (2) persons are permitted to occupy one rental room. 3. One uncovered on-site parking space must be provided for each sleeping room. SECTION 9. Chino Hills Municipal Code Title 16, Appendix A (Regulation of Uses by Zoning District) is amended, in part, to delete the entry for "Bed and breakfasts" and prohibit the use in any zoning district and to add an entry for "Boarding House/Rooming House" as a conditionally permitted use in the Freeway Commercial (C -F), General Commercial (C -G), and Commercial Recreation (C-R) zoning districts read as follows, while all other items in this section shall remain unchanged: Zoning District Land Use R A R R R S R M R M R M C N C F C G C O C R P BIR 1 2 3 Boarding House/Rooming C C C House SECTION 10. Upon the effective date of this Ordinance, the provisions hereof shall supersede any inconsistent or conflicting provisions of the San Bernardino County Page 5 of 8 Code as the same were adopted by reference by City Ordinances Nos. 91-01 and 92-02. SECTION 11. If any part of this ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to this end, the provisions of this Ordinance are severable. SECTION 12. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council's intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance. SECTION 13. Repeal of any provision of the Chino Hills Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before, this Ordinance's effective date. Any such repealed part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this ordinance. SECTION 14. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Chino Hills Municipal Code or other city ordinance by this Ordinance will be rendered void and cause such previous Chino Hills Municipal Code provisions or other city ordinances to remain in full force and effect for all purposes. SECTION 15. The City Clerk is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Chino Hills' book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law. Page 6 of 8 SECTION 16. This Ordinance will take effect on the 30th day following its final passage and adoption. PASSED, APPROVED AND ADOPTED this day of 2016. ART BENNETT, MAYOR ATTEST: CHERYL BALZ, CITY CLERK APPROVED AS TO FORM: MARK D. HENSLEY, CITY ATTORNEY Page 7 of 8 Exhibit A Screenshots from Airbnb For Short -Term Rentals In the City of Chino Hills Exhibit "A" Ine Ave t Cmiral Ave � U 3idm < w Nam Pa Ave <flatiwna Ave,,- m K u a antlaulayd Peyton G: . c T.g',4y'S I1F _ S` t _ a pa'nrap a � � t M v e I_ H a M N Q d a x E � N O O p w E n i m o >" �j � m ILL O O Z a` O v a 'c - � I S N G � L ` O a W O `7 A O �O F' $ E m K u a antlaulayd Peyton G: . c T.g',4y'S I1F _ S` t _ a pa'nrap a � � t M v H a M N N d A E O p w n i >" w � m ILL O O i O l " r V f= d. o. 0 s 0 n , T N .. C L II rp a c L` N � "►. ti g c 0 ® a U a` n � Ae,n dve a Q r ri 0 L ID O O IL 0 N S ~ m eaOt •- va' m o�a _ Central Are E V < 0 C C O 10 o d i O `u aHLmcaaAve o U � m F E E Y = + Ir'"� n e, .. 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U a` Exhibit B Print Out from VRBO For Short -Term Rentals In the City of Chino Hills Exhibit "B" 4/27/2016 Chino Hills Vacation Rentals From VRBO Chino Hills, CA, USA Arrival Depart (✓i I dont have dates yet Guests Search Sort by: VRBO Sort Price: Any Sleeps: Any Bedrooms: Any Booking type: Edit More filters: Add+ 4m Back to list view Search when I move -- �. r _ vr�«�. ; »�`�1:Gi�— ta [eU I it i � II ,i NN ( t.. ry 119 haps:/Awnv.vrbo.comtvacatior rentals/@34.024040918323145,-117.55345007275389,33.9169838&545228,-117.77317663525389,13z?q=chirw°k20hiIIs%2C%20c... 1/1 4/27/2016 Chino Hills Va UmRentals From VRBO (� Chino Hills, CA, USA Arrival Depart I don't have dates yet Guests Sort by: VRBO Sort Price: Any i Sleeps: Any Bedrooms: Any More filters: Add+ $203 avg/night $668 avg/night $639 avg/night Chino Hills (1 rental) Home i, USA i, California � Chino Hills tt Search Booking type: Edit ra Expand map I Cozy 4bd/2.5 Bathroom House $203 #4172962ha avg/night imns 6G' 1-2 night min stay La Verne Cinr 4 BR 2.5 BA Sleeps 9 Book now .I Owner Operated Pomona Ir Feedback 1, https:/Avww.vrbo.comfv c U n•rmtals/@34.03471075557193; 117.5622048029785,33.92766716548575; 117.7819313654785,13z?q=cNmr /%20hills°/,2C"/20ca%... 115 4/2711016 Chim Hills Vacation Rentals Fran VRBO 1 147) Chino i State / Map lI data ©2016, Ggcje lq magi error httpsJAvvay.vrbo.com/vacabo rentals/@34.03471075557193; 117.5822048029785,33.92766716548575; 117.7819313654785,13z7q=cNm%20hills%2C%20ca%... 2/5 4127/2016 Sponsored Links China Hills Vacation Rentals From VRBO goaheadtours.... Vacation California - Easiest Way to Travel California (800) 206-9836 Save up to $400 per couple! �c-A-A*4r (4.8) 125+ Tours • Handpicked Hotels - Expert Tour Director • Maximum Group Size of 35 A+ Rating - Better Business Bureau The Go Ahead Difference Right Size Advantage Food & Wine Tours Request A Free Catalog Last Minute Specials Walking Tours hometogo.com Vacation Home Rentals - California from $175 - HomeToGo.com ***** (4.8) 75336 accomodations found. More than 250 websites • Find the lowest prices • The best offers • Over 6 million offe... Amenities: WiFi, TV, AC, Pool, Patio, Balcony, Sauna, Terrace The European Metasearch Engine For Holiday Rentals -techcrunch.com Dog Friendly For lots of people Very close to water Offers under $200 / week Pool & Sauna familyvacation... California Vacation Package - Find A California Family Hotel Check Prices, Read Reviews & More! Up to 60% Off Top Hotels • Editor-Curated Hotels - Handpicked Family Deals Destinations: California, Carribean, Florida, Hawaii Vacation Rentals All Inclusive Deals Family Hotel Deals Popular Destinations search.truthfin... (Found) Chino Hill - Searching for Chino Hill? - TruthFinder.com Address, Criminal History and More dealbase.com $59 Cheap Vacation Hotels - Big Savings on Cheap Hotels Cheap Hotel Deals Now from $59/nt. Just Updated • Incredible Savings • 1000s of Deals - Hotels, Flights, Cars Destinations: Las Vegas, New York City, Miami, San Francisco empirevacatio... California Vacation - Tour CA and the West Coast's Top Attractions (866) 426-2336 1-7 Day Tours from LA. Hotels Included • Multilingual Guided Tours - Tours Starting at $159. Amenities: Free Wifi Onboard, Hotels Included, Multilingual Tour Guide Recent Chino Hills reviews Such a peaceful place "Enjoyed staying at this condo so much. It is very quiet and the surroundings incl. pool are well https:Ihwnv.vrbo.comlvaratioo-rentalsl@34.03471075557193,-117.5622048029785,33.92766716548575,-117.7819313654785,13z?q=china%20hills%2C%20e %... 3/5 U2712016 CNN Hills Va bm Rentals Fran VRBO looked after. The view from this condo is amazing. Susan was very helpful and friendly. This is definately the place to stay if you want to relax and enjoy the beach." Guest: Tiffany Date of Stay: May 2015 Review Submitted: May 25, 2015 View listing Wonderful Condo 'We have rented from Marie Brown every winter for 6 years. She is a wonderful person and very easy to work with, if there are any problems she takes care of them. The Condo is decorated very nice, it looks just like the picture. It is well stocked. It is close to everything. Pier Park has anything you need, a nice choice of restaurants & stores. The sunsets from the patio are amazing. Would rent from Marie anytime" Guest: Carol K. Date of Stay: December 2015 View listing Review Submitted: February 22, 2016 Excellent "First time renting a cabin & I made the perfect choice. Searched the internet & by shear luck came across this one. The cabin was very clean, very well stocked, beautifully decorated. Loved getting up on the crisp mornings sitting on the porch listening to nature come alive. The beds were comfortable. Not too far from all the attractions but away enough to get off the beaten path. Directions given were right on target. After riding for 7 hours it was home away from home. I highly recommend for any occasion" Guest: Donna F. Date of Stay: October 2015 View listing Review Submitted: October 4, 2015 Super week -end "Chalet tres agreable decore avec gout, super bien equipe, bien chauffe et tres agreable a vivre car tres calme Nous y sommes alles a' couples 2 bebes et 1 fillette de 3 ans. Chacun sa chambre, deux salles de bain deux WC super lorsque Ion est si nombreux Nous y retournons des que ('occasion se presentera c'est sOr. N'hesitez pas a vous y rendre." Guest: christine B. Date of Stay: March 2016 View listing Review Submitted: March 28, 2016 Q Featured Destinations: The Villages, Rosemary Beach, Destin Condo Rentals, Amelia Island, Myrtle Beach, Outer Banks httpsJAw .vrbo.axnly c ba rentals/@34.03471075557193,-117.5622048029785,33.92766716548575; 117.7819313654785,13z?q=chirp%20hills%2C%20ca%... 4/5 4/27/2016 Chino Hills Vacation Rentals From VRBO Sponsored Advertisement View more of the HomeAway Family List your property I Testimonials I Advantages I Rental Guarantee I Links I Luxury from HomeAway I Careers Product News Insider Guides provided by ©Copyright 1995 -Present HomeAway.com, Inc. All rights reserved. Use of this website constitutes acceptance of the Terms and Conditions and Privacy Policy. 'VRBO" and'Vacation Rentals by Owner' are registered trademarks of HomeAway.com, Inc- and cannot be used without permission. https:/Avvnv.vrbo.comNacatioo-rentals/@34.03471075557193,-117.5672048029785,33.92766716548575,-1177819313654785,13z?q=cNw%20hills %2C %20ca%... 515 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Chino Hills will hold a public hearing on Tuesday, May 24, 2016 at 7:00 p.m. in the Council Chambers of the City Hall, 14000 City Center Drive, to consider a proposal to amend Title 16 of the Chino Hills Municipal Code, Chapter 16.02 General Provisions and Definitions, Chapter 16.10 Residential Districts, Chapter 16.12 Commercial Districts, and Appendix A Regulation of Uses by Zoning District of the Municipal Code to define "boarding house" and "rooming house" uses, delete the definition of "communal housing", specify the permissibility of "boarding house" and/or "rooming house" uses in the Citys zoning districts, regulate transient lodging, and prohibit bed and breakfast uses within the City. (Municipal Code Amendment No. 16MCA02) NOTICE IS FURTHER GIVEN that a determination has been made that the adoption of the ordinance associated with proposed Municipal Code Amendment No. 16MCA02 is exempt from the provisions of the California Environmental Quality Act (CEQA) because it establishes rules and procedures to permit operation of existing facilities; consists only of minor revisions and clarifications to existing regulations and specification of procedures related thereto; and consists of actions taken to assure the maintenance, protection and enhancement of the environment. Consequently, the proposed amendment to the Municipal Code is categorically exempt from further CEQA review under Cal. Code Regs. Title 14, §§ 15301, 15305, 15308, and 15061.b.3. Additional information regarding this project is available for public review at the City of Chino Hills Community Development Department, 14000 City Center Drive, Chino Hills, CA 91709 during the following hours: Monday thru Thursday from 7:30 a.m. to 5:30 p.m. and Friday from 7:30 a.m. to 4:30 p.m. NOTICE IS FURTHER GIVEN that if you challenge the above described action in court, you may be limited to raising only those issues you or someone else raised at a public hearing described in this notice, or in written correspondence delivered to the City Council at, or prior to, the public hearing. ALL INTERESTED PERSONS are invited to be present at the public hearing. All persons may give testimony at the time and place indicated above. Additional information regarding this project may be obtained from Ryan Gackstetter, Senior Planner with the Community Development Department at (909) 364-2749 or fgackstetter@chinohills.org. DATED: May 10, 2016 S/ Cheryl Balz, City Clerk PUBLISH: Chino Hills Champion Saturday, May 14, 2016 Cheryl Balz From: Meranda Linne <merandauphills@gmail.com> Sent: Thursday, May 12, 2016 12:15 AM To: City Council -web mail Subject: Boarding Houses Rent More than 30 -day Categories: FYI only Dear Council Members, I was really excited to learn the city finally takes efforts to ban boarding houses and make Chino Hills a better place to live. Other than the short team rentals (less than 30 days), I'm wondering if there's any step taken toward multiple renters reside in one house for more than 30 days. For instance, I'm aware of a house that's located at 2539 Paseo Del Palacio, Chino Hills that there are five to ten junior or high school students reside without obvious parental guidance, perhaps there are some adults, however, we don't know if these kids being legally supervised or anyone is taking advantage of the public education. Will the council members also address situations like this because I've seen increasing numbers of these houses appear in neighborhoods. We as residents would also like to see ways the ordinance being enforced. Again, thank you for the efforts and changes. We look forward to a better living environment. If you could comment back on my email, I will be greatly appreciated. Thank you Meranda L Presented to the City Council at their OYtla / l meetin �vf�intq ��,. -term Rentals Rhort in Chino 141011s {46 Lissfiengs ry T fi� ,ry H>I I -hLl° (11 :I II i,Ata e6 +Y i Js } y srvsn 61 rdv' i�. f'y G s a E i M1 rh bh'(rr 3V'C^ f Q h e�Ci me NIL 11,Y Mnnl K i � I ALN; �efNi "�l G a i T' lha i.y xwy m s t � lop", tlr{s"o i n aro i Municipal Code Amendment 16MCA02 Pubic Hearing May 24, 2016 CKno HiI s ❑ City Council and community expressed concerns about boarding houses and short-term rentals 11 ❑ Disruption to existing communities ❑ Noise and parking impacts Internet -based services facilitate short-term rentals ❑ Approximately 29 residential properties currently listed for short term rental Bed a�cn-breakfa-sts-currently condi in the Agriculture -Ranch a�.tn -Rural tionally permitted 'dentia) rksf ❑ Chapter 16.02 General Provisions and Definitions ■ ■ t[�Z 'o111;L0,1111,-0-t 111' ■ ■ 111 111111111I ::i1�'�'�' L14 ■ ■'■■ 170 ■ ■ ■ I:.1 I. [��a��,lll �,1� 111 � :�' ' ■,l� � 1111: ■ ■[I�,�■ ❑ Chapter 16.10 Residential Districts ❑ Prohibit transient lodging (less than 30 days) for remuneration in all residential zoning districts Code Amendment (cont.) ❑ Chapter 16.12 Commercial Districts ❑ Boarding houses conditionally permitted in Freeway Commercial, General Commercial, and Commercial Recreation zoning districts ❑ Adopt additional standards for this use ❑ Appendix A Regulation of Uses by Zoning District v Zoning District Land Use R R A R G G MW G O R P I � C C C CKno HiI s ❑ Staff recommends that the City Council ❑ Conduct a public hearing; and ❑ Introduce an ordinance approving Municipal Code Amendment No. 16MCA02 and finding that the proposed amendment is exempt from review under the California Environmental Quality Act.