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2015-10RESOLUTION NO. 2015-10 A RESOLUTION OF THE PLANNING COMMSSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.16.020 AND APPENDIX A TO TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE PROHIBITING SHORT TERM RENTAL OF SINGLE-FAMILY RESIDENCES, IN ZONING CASE NO. 878 AND ZONING CODE AMENDMENT NO. 2015-02. THE PLANNING COMMISSION OF THE CITY OF ROLLING HILLS DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. Rolling Hills Municipal Code ("RHMC") Section 17.08.050 provides that uses not specifically permitted in the RHMC are prohibited. Commercial uses are not specifically permitted; therefore, they are prohibited. However, the City Council has determined that recent developments in the hospitality industry make it necessary to clarify that private residences in the City of Rolling Hills may not be marketed and/or rented to transients for thirty days or less ("short term rentals"). The City Council has directed the Planning Commission to consider an ordinance prohibiting short-term rentals in the City of Rolling Hills ("Ordinance"), which would amend Title 17 of the RHMC ("Zoning Ordinance"). Section 2. Chapter 17.50 of the RHMC sets forth procedures for amending the Zoning Ordinance. A public hearing before the Planning Commission is necessary before a recommendation for a Zoning Code amendment can be made to the City Council. The Planning Commission held a duly noticed public hearing on April 21, 2015, to review the proposed amendments. Notice of the public hearing was provided as required by law. Evidence was heard from all persons interested in affecting said proposal and from members of the City staff. The Planning Commission reviewed, analyzed and studied said proposal. Section 3. Pursuant to the requirements of the California Environmental Quality Act ("CEQA"), Public Resources Code Section 21000 to Section 21177, State CEQA Guidelines, 14 California Code of Regulations H 15000, et seq., and the CEQA Guidelines of the City of Rolling Hills, staff analyzed the proposed Ordinance and concluded that it is exempt from CEQA requirements because it consists only of minor revisions and clarifications to an existing zoning code and will not have the effect of deleting or substantially changing any regulatory standards or findings. The proposed Ordinance is an action that does not have the potential to cause significant effects on the environment, but rather will clarify prohibited uses of residential property in the City. Accordingly, the proposed Ordinance is exempt pursuant to the "common sense" exemption set forth in Section 15061 (b)(3) of the CEQA Guidelines because there is no possibility that the Ordinance could have a significant effect on the environment. Resolution No. 2015-10 1 Furthermore, the proposed Ordinance does not constitute a "project" that requires environmental review (see specifically 14 CCR § 15378 (b)(2, 5)). Section 4. After considering the information presented during the public hearing on this matter, the Planning Commission finds that the proposed Zoning Ordinance amendments comply with the requirements of the City of Rolling Hills General Plan and State Planning and Zoning Laws (Government section 65000 et seq.). Section S. The Planning Commission hereby recommends that the City Council adopt an Ordinance amending Section 17.16.020 of Title 17 (Zoning) and Appendix A to Title 17 of the Municipal Code as follows: A. Amend Section 17.16.020 of the Rolling Hills Municipal Code in its entirety to read as follows: 17.16.020 Permitted and Prohibited Uses. A. Uses permitted in the RA -S zone as primary uses include: 1. Single-family residences; 2. Tree, bush or field crops provided there is no retail sale from the premises and provided the activity does not cause undue traffic not normally associated with residential use. B. The following uses are prohibited in the RA -S zone: 1. It shall be unlawful for any person to offer or make available for rent or to rent (by way of a rental agreement, lease, license or any other means, whether oral or written) for compensation a residential dwelling or a room in a dwelling for occupancy of less than thirty days. 2. It shall be unlawful for any person to occupy a residential dwelling or a room in a dwelling for less than thirty days pursuant to a rental agreement, lease, license or any other means, whether oral or written, for compensation. B. Amend Appendix A to Title 17 of the Rolling Hills Municipal Code to add "short term rental" to the Index of Uses and designate "short term rental" as prohibited in each of the City's three Zone Districts (RA -S-1, RA -S-2 and PF). Resolution No. 2015-10 2 PASSED, APPROVED AND ADOPTED this %[ day of . 4 , 2015. CHAIRMAp ATTEST: HEIDI LUCE, CITY CLERK Resolution No. 2015-10 STATE OF CALIFORNIA) COUNTY OF LOS ANGELES )� CITY OF ROLLING HILLS) I certify that the foregoing Resolution No. 2015-10 entitled: A RESOLUTION OF THE PLANNING COMMSSION OF THE CITY OF ROLLING HILLS RECOMMENDING THAT THE CITY COUNCIL ADOPT AN ORDINANCE AMENDING SECTION 17.16.020 AND APPENDIX A TO TITLE 17 OF THE ROLLING HILLS MUNICIPAL CODE PROHIBITING SHORT TERM RENTAL OF SINGLE- FAMILY RESIDENCES, IN ZONING CASE NO. 878 AND ZONING CODE AMENDMENT NO. 2015-02. was approved and adopted at a regular meeting of the Planning Commission on April 21, 2015 by the following roll call vote: AYES: Commissioners Gray, Kirkpatrick, Smith and Chairman Chelf. NOES: None. ABSENT: None. ABSTAIN: None. and in compliance with the laws of California was posted at the following: Administrative Offices. C*14 k6 HEIDI LUCE CITY CLERK Resolution No. 2015-10 4 APPENDIX A INDEX OF PERMITTED USES BY ZONE DISTRICT The following matrix lists the land uses which are permitted and not permitted in each of the City's zone districts. The symbols listed below describe the use regulations applicable to each land use in each zone. "P" indicates that the use is permitted by right. "A" indicates that the use is permitted only as an accessory use. "A" indicates that the use is permitted only as an accessory use and that special conditions apply to that use, as described in Chapters 17.16, 17.18 and 17.20. "C" indicates that the use requires a conditional use permit and may be permitted only in conjunction with a legally -established single-family residence. "CP" indicates that the use requires a conditional use permit and may be permitted as a primary use on a lot. "C" indicates that the use requires a conditional use permit and may be permitted only in conjunction with a legally -established single-family residence, and that special conditions apply to that use, as described in Chapters 17.16, 17.18 and 17.20. "CP" indicates that the use requires a conditional use permit and may be permitted as a primary use on a lot, and that special conditions apply to that use, as described in Chapters 17.16 and 17.20. "T" indicates that the use is permitted only as a temporary use. "X" indicates that the use is prohibited. INDEX OF PERMITTED USES Zone District List of Uses RA -S-1 � RA -S-2 I PF A: Agricultural use (tree, bush, or field crop) Animal keeping (all domestic except swine) Aviary B: Barn (see stable) Cabana Civic\center Resolution No. 2015-10 5 I P � P X E a I I A* F A* E X A* and A* and X C * C * I o A* and i A* and X i C* i C* C*. I C* X I i Corral or pen (no grading) Corral or pen (with grading) D: Driveway, more than one E: F: Fire station G: Game court Garage, attached Garage, detached Gate house Golf course Greenhouse Guest house I Hobbyshop l: K: L: Library, public e Resolution No. 2015-10 6 A* and I A* and X C* C* i A* and A* and 1 X C* C* ! . j C* C* P s i I CP I CP ! CP i r C* C* P I � f P P { P I CP CP P X X CP� A., ... i # . A ��._ A . C* C* x i4 a -C* I C* a i Library, private _-_._ j X i . _ ._...,._ X - - -- -, X M: CP* CP* I X Manufactured homes, temporary ( i Mixed-use structure C* F I C* ._...._ . X Multi -family residence I i X X I I X Museum,ublic P X ; � .X I CP E Museum, private X } X s X N: ' X X CP* Office, commercial -� P: CP f CP I C P Park Parking, off-street X f I X i j A I Playground CP ...E .. _CP.- . -��-CP .i Playhouses and playground equipment A* A* .P Police station X X F CP Public utility building or structure 7.I CP i .._..., CP CP Public transportation (no school district property) CP* CP* X ! I I � , R: t w Radio antenna [noncommercial] i Recreation room, attached I P P P 1 Recreation room, detached i C* C* P I i I Resolution No. 2015-10 7 Recreation game court I See "Game court" Recreational vehicle storage, outdoor A* f A* E X Recycling center X X ; CP Reservoir CP i CP ^ CP Riding ring (more than 7,200 sq, ft.) - C* C* X_ i i A* j A* � 1S: A Satellite dish antenna c School, elementary I CP CP CP School, secondary j X f X X i Shortterm rental of residences X X X Solar panels A A* A Single -family residence I P P r X A* and A* and I Stable E C* C* A r _.. IF Swimming pool less than 800 sq. ft (includes outdoor spa, bath, or A P jet pool) I � Swimming pool 800 sq. ff. or larger (includes outdoor spa) E A* A* P JI T: A+ X Turnout (7,200 sq. ft. or less)* U: X Wildlife rehabilitation facility j i Resolution No. 2015-10 8 X: Y: N Resolution No. 2015-10