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HomeMy WebLinkAbout575 ORDINANCE 575 AN ORDINANCE OF THE TOWN OF LOS ALTOS HILLS AMENDING SECTION 10-1.702 AND ADDING SECTIONS 10-1.1202 THROUGH 10- 1.1208 TO THE LOS ALTOS HILLS MUNICIPAL CODE PERTAINING TO SHORT-TERM RENTAL REGULATIONS WITHIN RESIDENTIAL ZONES WHEREAS, the City Council of the Town of Los Altos Hills ("Town") wishes to amend the Municipal Code with regard to regulation of short-term rentals in Town and establish regulatory and enforcement guidelines. NOW, THEREFORE, the City Council of the Town of Los Altos Hills does ORDAIN as follows: Section 1. AMENDMENTS The following sections are hereby added to Title 10, Chapter 1 ("Zoning") of the Los Altos Hills Municipal Code to read as follows. Sections and subsections that are not amended by this ordinance are not included below, and shall remain in full force and effect. Article 7.Accessory uses and structures permitted(R-A). is hereby amended: 10-1.702 Accessory uses and structures permitted (R-A). (r) One short-term rental unit operated pursuant to the requirements of Article 12 of this chapter. Article 12. Short-term Rental of Residential Property is hereby added: 10-1.1201 Purpose and intent. The purpose of this chapter is to establish regulations governing the short-term rental of residential property within the Town of Los Altos Hills. The establishment of these regulations will provide for additional residential options while ensuring that short-term rental activities do not become a nuisance or a threat to public health, safety, or welfare due to excessive noise, disorderly conduct, overcrowding, traffic congestion, illegal parking, refuse accumulation, and other effects related to short-term rentals. Ordinance 575 Page 1 10-1.1202 Definitions. For purposes of this chapter, the following definitions apply: (a)"Primary residence"means the residence must be used as the owner/applicant's primary residence for a minimum of 270 days per year and must be listed as the mailing address with the Santa Clara County Assessor. (b) "Short-term rental" means to provide transient lodging use in exchange for compensation in any dwelling unit,in whole or in part,on residential property for a period of thirty (30)consecutive calendar days or less. (c) "Validated nuisance" means a prohibited use or impact associated with a short-term rental including those listed within the Short-term Rental Policy and which sufficient documentation is provided to confirm the occurrence and extent of the violation. 10-1.1203 Short-term rentals prohibited. No person shall use or maintain, nor shall any person authorize, aid, facilitate or advertise the use of, any residential property on any parcel for short-term rental without registering and obtaining a short-term rental license from the Town of Los Altos Hills. 10-1.1204 General requirements. Short-term rentals permitted on residential property shall be subject to following restrictions and requirements: (a)A maximum of one(1) short term rental unit is permitted per residential property. (b) The short-term rental property shall contain the property owner's primary residence. (c) The short-term rental shall comply with all applicable local, state, and federal laws, including but not limited to state and local health, safety, fire, and building codes. (d) The host must provide all renters with facilities for sleeping, bathing, and toileting within a permanent dwelling that is suitable for human occupancy. Rental of sleeping space in or on balconies,porches,tents, sheds, vehicles, garages or outdoor areas is prohibited. (e) Short-term rental uses are permitted solely for residential purposes only. No events or commercial uses are permitted. This includes site rentals for weddings, corporate meetings/events/trainings, photo or video shoots, birthday parties, etc. (f) All short-term rental parking must be provided on-site in approved parking areas. No overnight street parking is permitted pursuant to Municipal Code section 4-3.1006. (g) The host is responsible for ensuring the property does not become a nuisance due to any short-term rental occupant activities. Any short-term rental with three(3) validated nuisance violations will result in revocation of the short-term rental license. Ordinance 575 Page 2 10-1.1205 Conditional Short-Term Rental Permit Approval required. An applicant may apply for a Conditional Short-Term Rental Permit if an exception to the general requirements is requested or if a previously approved short-term rental license has been revoked. A noticed public hearing before the Site Development Committee is required for consideration of a Conditional Short-Term Rental permit. (a)Additional limitations and restrictions maybe imposed to ensure any nuisance concerns or site-specific limitations are adequately addressed to ensure that the short-term rental use would be compatible with the general intent of this Ordinance and the policies of the Town of Los Altos Hills. Additional limitations or restriction may include but are not limited to: i. limitation on number of rental rooms or occupants ii. additional off-street parking provisions iii. modification of quiet hours for occupants iv. neighborhood notification and or ongoing communication requirements (b) Pursuant to 10-1.1002 of the Municipal Code, the decision of the Site Development Committee may be appealed to the Planning Commission. 10-1.1206 Fees. The City Council may establish and set by resolution all fees and charges as may be necessary to effectuate the purpose of this chapter. 10-1.1207 Violations a public nuisance—Penalties, nuisance abatement, and other remedies. Any short-term rental operated,conducted, or maintained contrary to the provisions of this chapter shall be, and the same is hereby declared to be, unlawful and a public nuisance which the City may seek to abate, remove, and enjoin in any manner provided by law. Such remedies shall be in addition to any other remedies available to the City under this chapter or applicable local or state law. SECTION II. SEVERABILITY. If any provision of this ordinance or the application thereof to any person or circumstance is held invalid or unconstitutional, the remainder of this ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this ordinance are severable. The City Council of the Town of Los Altos Hills hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable. Ordinance 575 Page 3 SECTION III. EFFECTIVE DATE AND PUBLICATION. This ordinance shall take effect thirty (30) days after adoption. Within fifteen days after the passage of this ordinance the City Clerk shall cause this ordinance or a summary thereof to be published once, with the names of those City Councilmembers voting for or against it in a newspaper of general circulation in the Town of Los Altos Hills, as required by law. INTRODUCED: March 22, 2018 PASSED: April 19, 2018 AYES: Mayor Radford, Mayor Pro Tern Spreen, Councilmember Corrigan Councilmember Waldeck, Councilmember Wu NOES: None ABSTENTIONS: None ABSENT: None Mayor 0/as m "" �� ityit Clerk APPROVED AS TO FORM: City Attome 2840788.1 Ordinance 575 Page 4