RESOLUTION NO. 2023-043 - PC
RESOLUTION NO. 2023-043 - PC
A RESOLUTION OF THE PLANNING COMMISSION OF
THE CITY OF SAN BERNARDINO, CALIFORNIA,
FOWARDING A RECOMMENDATION TO THE MAYOR
AND CITY COUNCIL RECOMMENDING APPROVAL OF
DEVELOPMENT CODE AMENDMENT 23-01 AMENDING
SECTION 19.02.020 (BASIC PROVISIONS - DEFINITIONS)
AND CHAPTER 19.04 (RESIDENTIAL ZONES) OF THE
CITY OF SAN BERNARDINO DEVELOPMENT CODE
(SBMC TITLE 19) IN ORDER TO ESTABLISH A SHORT-
TERM RENTAL PROGRAM IN THE CITY OF SAN
BERNARDINO; AND FINDING THAT DEVELOPMENT
CODE AMENDMENT 23-01 IS EXEMPT FROM REVIEW
UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY
ACT.
WHEREAS, in recent years there has been an increase in privately-owned residential properties being used as short-term rentals in the City; and WHEREAS, the unregulated use of existing housing as short-term rentals can escalate the demand for City services and create adverse impacts in residential zones; and WHEREAS, the City has determined that there should be a reasonable balance between the regulation of short-term rental operations and the recognized need to protect the residential character of neighborhoods in which they may be located; and • WHEREAS, on December 22, 2022, the Planning Commission received and filed an update on the state of short-term rentals in the City and forwarded a recommendation to the Mayor and City Council to direct staff to develop a regulatory scheme for short-term rentals in the City's residential districts; and
WHEREAS, on January 18, 2023, the Mayor and City Council recommended that staff work to adopt a regulatory scheme for short-term rentals; and WHEREAS, on February 27, 2023, the Planning Commission heard a report from staff and conducted a workshop to provide staff direction to include or consider items to regulate short- term rentals; and
WHEREAS, Development Code Amendment 23-01 is a City-initiated amendment to Section 19.02.020 (Basic Provisions - Definitions) and Chapter 19.04 (Residential Zones) of the city of San Bernardino Development Code (SBMC Title 19) in order to establish a Short-Term Rental Program in the City of San Bernardino; and
WHEREAS, the Planning Division of the Community Development Department of the City of San Bernardino has prepared Development Code Amendment 23-01 in compliance with the California Government Code, consistency with the City of San Bernardino General Plan, and compliance with the City of San Bernardino Development Code; and RESOLUTION NO. 2023-043 - PC
WHEREAS, pursuant to requirements of the California Environmental Quality Act ("CEQA"), the Planning Division of the Community Development Department evaluated Development Code Amendment 23-01 and determined that it is exempt from CEQA under 15061(b)(3) of the CEQA Guidelines; and
WHEREAS, on November 4, 2023, pursuant to the requirements of Section 19.52.020 (Hearings and Appeals - Application Processing) of the City of San Bernardino Development Code, the City gave public notice by advertising in the San Bernardino Sun, a newspaper of general circulation within the City of San Bernardino of the holding of a public hearing at which Development Code Amendment 23-01 would be considered; and WHEREAS, on November 14, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedures) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 23-01 and at which meeting, the Planning Commission considered Development Code Amendment 23-01.
Upon conclusion of the public hearing the Planning Commission continued the item to allow staff WHEREAS, on December 12, 2023, pursuant to the requirements of Section 19.52.040 (Hearings and Appeals - Hearing Procedure) of the City of San Bernardino Development Code, the Planning Commission held the duly-noticed continued public hearing at which interested persons had an opportunity to testify in support of, or opposition to Development Code Amendment 23-01 and at which meeting the Planning Commission Development Code Amendment 23-01; and
WHEREAS, pursuant to the requirements of Section 19.42.030 (Development Code Amendments - Commission Action on Amendments) of the City of San Bernardino Development Code, the Planning Commission has the authority to recommend to the Mayor and City Council the approval of the Development Code Amendment 23-01.
NOW THEREFORE, the Planning Commission of the City of San Bernardino does hereby resolve, determine, find, and order as follows:
SECTION 1. ENVIRONMENTAL DETERMINATION:
As the decision-making body for the project, the Planning Commission has reviewed and considered the information contained in the administrative record for Development Code Amendment 23-01. Based upon the facts and information contained in the administrative record, including all written and oral evidence presented to the Planning Commission, the Planning Commission hereby recommends to the Mayor and City Council, as follows:
(1) The administrative record has been completed in compliance with the California Environmental Quality Act ("CEQA"), the State CEQA Guidelines, and the City's Local CEQA Guidelines; and
(2) The proposed project is exempt from the requirements of the California Environmental Quality Act ("CEQA") under CEQA Guidelines Section 15061(b)(3), the 2 RESOLUTION NO. 2023-043 - PC
"common sense" rule that states that CEQA applies only to projects that have the potential for ausing a significant effect on the environment. This amendment establishes standards for the rental of existing residential properties in areas zoned for residential use and therefore does not have potential to cause a significant effect on the environment; and (3) The determination of CEQA exemption reflects the independent judgment of the Planning Commission.
SECTION 2. FINDINGS FOR DEVELOPMENT CODE AMENDMENT 23-01:
Section 19.42.050 of the City of San Bernardino Development Code requires that Development 'ode Amendments meet certain finding prior to approval by the Mayor and City Counci ccordingly, the following findings are provided in support of the recommendation by th Planning Commission for the approval of Development Code Amendment 23-01:
Finding No. 1: The proposed amendment is consistent with the General Plan.
Finding of Fact: Development Code Amendment 23-01 is consistent with the General Plan, as follows:
Land Use Goal 2.1: Preserve and enhance San Bernardino's unique Neighborhoods.
Land Use Goal 2.2: Promote development that integrates with and minimizes impacts on surrounding land uses.
San Bernardino contains a wide range of neighborhoods accommodating an issortment of lifestyles. Each neighborhood has, or can have, its own unique haracter that is a source of pride for the residents. Neighborhood characte is defined by many factors: what the neighborhood looks like, what it feels like, how well it is maintained, etc. But more importantly, it is an image in the minds of those who live and work there and in the perceptions of those who visit.
The rise of short-term rentals within the City has created the need to establish regulations to ensure the compatibility between short-term rentals and the residential character of neighborhoods in which they may be located in order to mitigate any potential conflicts that may arise from their operation.
The adoption and implementation of Development Code Amendment 23-01 is consistent with the City's General Plan by allowing for the development of Short-Term Rentals within residential zones in a manner that will prevent negative impacts to the existing residential neighborhoods and the 3 RESOLUTION NO. 2023-043 - PC
Finding No. 2: The proposed amendment would not be detrimental to the public interest, health, safety, convenience, or welfare of the City.
Finding of Fact: The adoption and implementation of Development Code Amendment 23-01 is in the interest or furtherance of the public health, safety, convenience, and general welfare through the establishment of regulations that will preserve the residential characteristics of residential zoning districts and mitigate the harm to the residential zoning districts that result from short-term rentals.
SECTION 3. RECOMMENDATION FOR DEVELOPMENT CODE
AMENDMENT 22-03:
Pursuant to Section 19.42.030 (Development Code Amendments - Commission Action on Amendments), the Planning Commission forwards the amendments to the Development Code attached hereto as EXHIBIT "A" through "C" for approval by the Mayor and City Council.
SECTION 4. PLANNING COMMISSION ACTION:
The Planning Commission hereby takes the following action:
1. Adoption of Planning : Commission Resolution No. 2023-043, forwarding a recommendation that the Mayor and City Council:
* End the odo Annant to col, anore one ice coines or
Development to prepare and file with the Clerk of the County of San Bernardino a Notice of Exemption as provided under Public Resources Code Section 2 1 152(b) and CEQA Guidelines Section 15062; and
b. Approve Development Code Amendment 23-01 based on the Findings of Fact.
SECTION 5. SEVERABILITY:
invalid, such invalidity shal not are pile in hones of any ieations, and to this is hele provisions of this Resolution are declared to be severable.
SECTION 6. CUSTODIAN OF RECORDS:
The location and custodian of the documents and any other material, which constitute the record of proceedings upon which the Planning Commission based its decision, is as follows: Genoveva Rocha, City Clerk, 201 North E Street (Building A), 909-384-5002. 4 RESOLUTION NO. 2023-043 - PC
PASSED, APPROVED AND ADOPTED this 12'" day of December 2023.
C
Monique Guerrero, Chairperson
San Bornardiro Planning Commission
ATTEST:
Tary E. Lanier, Planning Commission Secreta
City of San Bernardino, California
-
RESOLUTION NO. 2023-043 - PC
CERTIFICATION:
I, Jennifer Meamber, Recording Secretary of the Planning Commission of the City of San AYES: Guerrero, Lopez, I. Garcia, Quiel, Flores, Sherrick, & O. Garcia NOES:
ABSENT: Armstead & Lewis
ABSTAIN:
Meamber, Recording Secretary
City of San Bernardino, California
EXHIBIT A
Development Code Section 19.02.050
(Definitions)
19.02.050 (Definitions) shall be modified to read as follows:
Agent. A person or entity, who does not hold any interest in the property and who has authority to act on behalf of the owner.
Bedroom. A room designed primarily for sleeping that meets the definition of the California Building Codes currently adopted by the City.
Check-in. The arrival of a guest at a vacation-rental property or agent's office.
Guest House. Living quarters, having no kitchen facilities, located on the same premises with a main building and occupied for the sole use of members of the family, temporary guest, or persons permanently employed on the premises. This definition shall not include ADUs built subject to Section 19.04.030(2)(P) (Accessory Dwelling Units).
Home-Sharing. The rental of bedrooms in a residential unit for a term of 29 or fewer consecutive days while the owner of the unit is present and living in the unit.
Hosting Platform. A person or entity who participates in vacation rentals by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a booking transaction using any medium of facilitation. Examples include, but are not limited to, VRBO.com, Airbnb.com, homestay.com and other internet and non-internet-based services that facilitate bookings for a fee.
Multi-Family Residential. Two (2) or more dwelling units in a single building on a site.
Owner. A person or entity, who holds record fee title to the property, except that "owner" does not include the holder of a leasehold interest in the property.
Responsible Party. The lessee of a vacation-rental property.
Short-Term Rental or Short-Term Rental Property. A residential dwelling unit that is leased for a term of 29 or fewer consecutive days.
EXHIBIT B
Development Code Section 19.04.020
(Permitted, Development Permitted, and Conditionally Permitted Uses)
19.04.020 (Permitted, Development Permitted, and Conditionally Permitted Uses); Table 04.01 I midited 70 res a olive. Development Permited, and Conditionally Permited Uses) shall TABLE 04.01
PERMITTED, DEVELOPMENT PERMITTED, AND
CONDITIONALLY PERMITTED USES
LAND USE ACTIVITY RE RL RS RU RM RMH RH RSH
1. Residential Uses
A. Community Care Facility (6 or less) P
B. Condominium or Townhouse D
C. Convalescent Homes X
D. Day Care Center
E. Day Care Homes, Family
8 or less children
9 to 15 children
F. Dormitories/Fraternity/Sorority
G. Homeless Facilities X X
H. Manufactured Housing D
I. Mobile Home Parks or Subdivisions D
J. Multi-Family Dwellings X X
K. Multi-Family Dwellings, Existing X
L. Planned Residential Developments X
M. Second Accessory Dwelling Unit P P P P
N. Senior Citizen/Congregate Care Housing X D D X
O. Single-Family Dwellings D D D D D X
P. Single-Family Dwellings, Existing P P P X
Q. Small Lot Subdivision X D D D D X
R. Student Housing Complex X X X
R. Short-Term Rentals P P P
EXHIBIT C
Development Code Section 19.04.030(2)
(Residential Zones Specific Standards)
19.04.030(2) (Residential Zones Specific Standards); Table 04.03 (Residential Zones Specific Standards) shall be modified to read as follows:
TABLE 04.03
RESIDENTIAL ZONES SPECIFIC STANDARDS
Specific Standards RE RL RS RU RM RMH RH RSH CO CG-2 CR-2 A. Accessory Structure + + + + + + + + +
B. Day Care Facility + + + + + + + + +
C. Day Care Home, + + + + + + +
Large Family
D. Density Bonus/Affordable + + + + + + +
Housing or Amenities
E. Front/Rear Yard + + + + +
Averaging
F. Golf Courses & Related + + + +
Facilities
G. Guest House + + + +
H. Minimum Room Size + + + +
+ ++ + + + + + +
I. Minimum Dwelling Size + + + +
J. Mobile Home & + + + + + + +
Manufactured Housing
K. Mobile Home Park or + + + + +
Subdivision
L. Multiple Family Housing + +
+ + + + + +
M. Multi-Family Housing,
Existing
N. Planned Residential
Development
O. Recreational Vehicle + + + +
Storage
P. Second Accessory
+ + + + + + +
Dwelling Unit
Q. Senior Citizen/ + + + + + + +
Congregate Care Housing
R. Single-Family Dwellings, + + + + + + + +
Existing
S. Small Lot Subdivisions +
T. Social Service Uses/ + + +
Centers
U. Vocational/Trade Schools
V. Student Housing Complex +
W. Urban Lot Splits + + +
X. Iwo-Unit Projects + +
* Short-Term Rentals I+ +
Key: «f" applies in the zone.
EXHIBIT C
19.04.030(2) shall be modified to read as follows:
Y. Short-Term Rentals
1. Permit Required.
a. A current, valid annual permit issued by the City to the owner is required for each property prior to advertising, offering to lease, or leasing the property as a short- term rental property. A copy of the permit shall be posted inside of the rental property.
No permit issued pursuant to the requirements of this section shall be transferred permy shit require Chang of ofew applicatora property with a short-erm rental c. No permits shall be issued for home-sharing.
2. Eligibility.
a. Short-term rentals may be permitted in any residential zone which permits single- family residential uses, and which is developed with an existing single-family residence.
b. No short-term rental shall be permitted at any property located within a designated high-fire area.
No permits for a short-term rental shall be issued to any property subject to a restricted affordable housing covenant.
d. No permits for a short-term rental shall be issued to any ADU permitted in accordance with Section 19.04.030(2)(P).
No short-term rental property shall be rented for a cumulative period exceeding 120 days within any calendar year (January 1 - December 31).
3. Procedure.
An owner shall apply to the City for a license annually for each short-term rental property and pay a fee established by Resolution, which may be amended from time to time. The City shall provide an application form and list of application and insurance requirements.
6. in (paricatip. LP, .C, orps bop or strate or corporate person fany a person authorized to submit such application.
EXHIBIT C
An owner may not hold more than one permit, and may renew that permit, unless they have been revoked or not renewed. Applications for renewal shall be submitted a minimum of 30-days of permit expiration.
d. Owner shall comply with pre-licensing & renewal inspection requirements prior to issuance of license / permit or renewal.
Operational Requirements.
The owner and owner's agent shall ensure that the vacation-rental property complies with all applicable codes regarding fire, building and safety, health and safety, zoning, lighting, and all other laws and regulations.
Guest check-ins may be performed in person or virtually by the owner/agent. The Felicy polo at or during precide vit a sipy of copy kept Godle by boe owner/agent. An additional copy shall be made available on-site. c. Overnight occupancy of the short-term rental property shall always be limited to the number stated on the permit. Such occupancy shall not exceed two adults per bedroom; but the total number of persons may not exceed 8 persons per stay. d. The maximum number of people permitted at the property shall not exceed 12 people at one time.
e. No party, wedding, or other large social gathering exceeding the maximum capacity allowed under Section 19.04.030(2)(Y)(4)(d) of this Chapter shall be permitted at a short-term rental property.
loudspeaker, soun
amite, rehany machine or device for the proding or reproducing stanc sound may be operated on the vacation-rental property unless it is within a fully enclosed structure and is not audible at the property line of the vacation-rental property pursuant to Chapters 8.54 and 9.48 on the Municipal Code. g. All short-term rental properties shall install a noise monitoring device capable of alerting the owner/agent in the case of outdoor noise in excess of 65 decibels (dBs).
h. Parking is allowed only in designated driveways and garages and is not allowed in the yard or street at any time.
i. The owner shall include notice to the responsible party of the requirements of this section and post a visible notice of these requirements at the property.
The property owner/agent shall make available to the responsible party a 24/7 contact number in case of emergency. This number shall be available at the property.
EXHIBIT C
K. Any complaints registered against a property shall be responded to within 60 minutes of notification by the City to the owner/agent.
1. Upon the request of the City, the owner/agent shall respond in person at the short- term rental property within 60 minutes of dispatch of notice by the City to correct a violation of this section or any other provision of the Municipal Code.
Agent. An owner may grant authority to an agent to act on behalf of the owner for purposes of fulfilling some or all the requirements of this chapter. The owner shall give prior written notice to the City of any grant of authority, including the identity and contact information for the agent. The owner shall promptly give the City prior written notice of any change to any such grant of authority. The use of an agent shall not excuse the owner from the owner's obligations of this chapter. Agents and owners fulfilling
6. Transient Occupancy Tax.
a. If approved by the voters, beginning January 1, 2025, the owner is responsible for collecting and remitting transient occupancy tax to the City and shall comply with all provisions of Chapter 3.55 of the Municipal Code If approved by the voters, beginning January 1, 2025, hosting platforms shall be esponsible for collecting all applicable transient occupancy taxes and remitting he same to the City. The hosting platform shall be considered an agent of the host for purposes of transient occupancy tax collections and remittance pursuant to Chapter 3.55 of the Municipal Code.
Owners shall be responsible for submitting transient occupancy tax forms reporting nightly stays and gross receipts even if a hosting platform is remitting the taxes due on their behalf.
d. Permit holders making two or more late submittals in a 12-month period shall not have their license renewed upon expiration.
Inspections and Audits.
a. Each owner/agent shall comply with pre-licensing & renewal inspection requirements prior to issuance of permit or renewal. Property inspection is required to verify that the subject property is in compliance with the standards of this section and the Municipal Code.
Each owner/agent shall provide the City, upon request, with access to the short- term rental property and to such related records, documents, tax returns, and bank accounts at any time during normal business hours as the City may determine are necessary for the purpose of inspection or audit to determine that the objectives and conditions of this section are being fulfilled.
EXHIBIT C
8. Hosting Platform Responsibilities.
Subject to applicable laws, hosting platforms shall, upon written request by the City, promptly disclose to the City each vacation-rental property listing located in the City, the host ID, listing ID, and names of the persons responsible for each such listing, the address of each such listing, the length of stay for each suck isting, and the price paid for each stay
A hosting platform shall promptly remove any listing upon receipt of a take-down notice from the City indicating that a listing violates applicable legal requirements.
c. A hosting platform is responsible for collecting and remitting transient occupancy taxes on behalf of their hosts beginning January 1, 2025, in accordance with Subsection 6 above.
d. A hosting platform shall require all hosts to include a valid license number in a designated field dedicated to the license number no later than January 1, 2025.
Violations and Penalties.
a. Any owner or permit holder in violation of any requirements of this section shall be subject to the enforcement provisions of Chapter 9.93 of the Municipal Code. b. Permit holders who received three violations shall not have their license renewed upon expiration.
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