Loading...
ORD 570 Moratorium 120-days Bedroom Conversions ORDINANCE NO. 570 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF LA QUINTA, CALIFORNIA, PURSUANT TO CALIFORNIA GOVERNMENT CODE SECTION 65858, EXTENDING FOR A SECOND TIME FOR 120 DAYS THE MORATORIUM, ON THE APPROVAL OF ANY LAND USE ENTITLEMENT, INCLUDING SUBDIVISIONS, USE PERMITS, VARIANCES, BUILDING PERMITS, OR ANY OTHER APPLICABLE ENTITLEMENT, FOR ADDITIONAL BEDROOMS BY CONVERTING NON-BEDROOM SPACES AND AREAS INTO BEDROOMS IN SPECIFIED RESIDENTIAL ZONES IN THE CITY OF LA QUINTA, CALIFORNIA WHEREAS, there has been a proliferation of conversions of non-bedroom spaces and areas to bedrooms in existing single-family dwellings or other residences within the City of La Quinta, California (“City”). The City’s code enforcement officers have become aware that in some residential zones of the City, such as the Via Sevilla residential neighborhood, that non-bedroom spaces and areas have been converted to bedrooms without any building permits or other necessary approvals. The City’s code enforcement officers also have become aware that some of these residences with converted bedrooms are being advertised and rented as short-term vacation rental properties. Such unpermitted conversions have caused an influx of rental housing and occupancy of single-family dwellings or other residences in excess of the number of persons originally contemplated and approved in accordance with the La Quinta Municipal Code (“Municipal Code”), including the City’s Zoning Code (“Zoning Code”), and the City’s General Plan, including its Housing Element (the “General Plan” and “Housing Element” respectively); and WHEREAS, there are existing single-family dwellings or other residences throughout the City that have non-bedroom space, including living rooms, family rooms, bonus rooms, lofts, and third car garage space, that could be converted to bedrooms and marketed as multi-bedroom vacation rental units. The continued conversions of non-bedroom space to bedrooms in and corresponding occupancy of such single-family dwellings or other residences in excess of that contemplated by the General Plan, Housing Element, Municipal Code, and Zoning Code poses a threat to the public health, safety, and welfare; and WHEREAS, in order to allow time for the City Council to consider and study the possible enactment of revisions to the General Plan, including the Housing Element, and/or the Municipal Code, including the Zoning Code, relating to applications for additional bedrooms resulting from the conversion of living rooms, dining rooms, and other non-bedroom spaces and areas into bedrooms in existing single-family Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 2 of 13 dwellings or other residences, and to develop an adequate approval and review process for the regulation thereof, including if such conversions may be in furtherance of short-term vacation rentals, it is necessary to suspend the approval of any City- issued land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, with regard to conversion of non- bedroom spaces and areas into bedrooms because they may conflict with such possible revisions that the City Council may consider and approve; and WHEREAS, California Government Code Section 65858 allows the City Council to adopt as an urgency measure an interim ordinance, and extension thereof, prohibiting any uses that may frustrate or be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the Planning Division is considering or studying or intends to study within a reasonable time. Pursuant to Government Code Section 65858, the City Council adopted Ordinance Nos. 566 and 569, establishing a moratorium and an extension thereof, and, to enact the extension under this ordinance, noticed a public hearing pursuant to Government Code Section 65090. NOW, THEREFORE, the City Council of the City of La Quinta does ordain as follows: SECTION 1: Findings. The foregoing recitals are true and correct and are incorporated herein as though set forth in full, adopted as part of the findings of the City Council, and are each relied upon independently by the City Council for its adoption of this Urgency Interim Ordinance (“this ordinance”) on an urgency basis. Based on the foregoing, the City Council makes the additional findings in this SECTION 1. A. There is a current and immediate threat to the public health, safety, or welfare for the following reasons: (1) Violations of Title 8 of the Municipal Code [Building and Construction Code]. Additional bedrooms resulting from the conversion of non-bedroom space to bedrooms in existing single- family dwellings or other residences requires an adequate review and approval process to ensure compliance with the City’s Building and Construction Code. (a) Title 8 of the City’s Municipal Code, the Building and Construction Code, incorporates the California Building Code, Fire Code, Mechanical Code, Plumbing Code, Energy Code, and Electrical Code, as well as the Residential Code (Chapter 8.06 of the Municipal Code), the last of which regulates the construction, alteration, movement, enlargement, replacement, repair, equipment, use and Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 3 of 13 occupancy, location, maintenance, removal and demolition of any and all detached one- and two-family dwellings, specified townhouses, and ancillary structures thereto. (See Section 8.06.010 of the Municipal Code.) The City also enforces the Housing Code (Chapter 8.09 of the Municipal Code) to provide minimum health and safety standards for the maintenance of the existing housing supply. Together with the State mandated minimum standards adopted and incorporated into the City’s Building and Construction Code in Title 8 of the Municipal Code, these standards provide for safe and sanitary housing that is fit for human habitation. (b) City seeks to protect the public health, safety, and welfare of the public and an adequate review and approval process is necessary to ensure conversions of non-bedroom space to bedrooms achieve compliance with the minimum standards codified in the Building and Construction Code in Title 8 of the Municipal Code. (2) Violations of Chapter 3.25 of the Municipal Code [Short-Term Vacation Rentals]. The City has adopted comprehensive Short- Term Vacation Rentals Regulations (Chapter 3.25 of the Municipal Code). The purpose of Chapter 3.25 is to establish regulations for the use of privately owned residential dwellings as short-term vacation rentals that ensure the collection and payment of transient occupancy taxes as provided in Chapter 3.24 of the Municipal Code, and minimize the negative secondary effects of such use on surrounding residential neighborhoods. (a) Unpermitted additional bedrooms resulting from the conversion of non-bedroom space to bedrooms in existing single-family dwellings or other residences will frustrate both purposes of the Short-Term Vacation Rental Regulations: (i) Such unpermitted additional bedrooms likely will result in additional renters (or “transients”) that are subject to collection and payment of transient occupancy taxes as provided in Chapter 3.24 without the City having the necessary records to ensure collection and payment of those taxes; and (ii) Such unpermitted additional bedrooms, without review by the City and/or without conditions attached to their use, likely will have negative Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 4 of 13 secondary effects on the surrounding residential neighborhoods by, among other impacts: (1) Increased or excessive noise, (2) The potential generation of large numbers of people and vehicles in residential neighborhoods, (3) The potential impact on the City’s infrastructure resulting from additional inhabitants in a single family dwelling or residence, and (4) The potential impact on the tourism-related facilities (such as hotels and resorts) in the City. (b) The Short-Term Vacation Rental Regulations, in Section 3.25.070 of the Municipal Code, specifically regulate the number of occupants allowed to occupy any given short- term vacation rental property based on the number of bedrooms in the property. Any unpermitted additional bedrooms, without review by the City and/or without conditions attached to their use, would frustrate this section of the Short-Term Vacation Rental Regulations. (c) Time to study and evaluate the applicability of and possible amendments to the Short-Term Vacation Rental Regulations to applications for additional bedrooms resulting from the conversion of non-bedroom spaces and areas to bedrooms is required so as to ensure the purposes of the Short-Term Vacation Rental Regulations are fulfilled and the requirements of these regulations are complied with by property owners. (3) Violations of Title 9 of the Municipal Code [the City’s Zoning Code]. Among other requirements, the Zoning Code imposes occupancy limits based upon uses of property. Additional bedrooms resulting from the conversion of non-bedroom spaces and areas to bedrooms in existing single-family dwellings or other residences conflicts with City’s recognition of the need for and demonstrated intent to specifically regulate residential zones. (a) The Zoning Code expressly recognizes the need for regulations relating to dwellings and residences with highnumbers of bedrooms. Section 9.60.270 of the Municipal Code regulates “bed and breakfast” uses. This section applies to “a residential dwelling occupied by a resident, person, or family, containing individual living quarters occupied for a transient basis for compensation” and, in adopting this section, the City specifically found that Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 5 of 13 “bed and breakfast facilities constitute small commercial lodging facilities in residential districts” which require special regulations that are not normally covered by standards for motels and hotels. (i) Among other provisions, Section 9.60.270 imposes occupancy limits requiring operation by a person owning the dwelling and residing therein as their principal place of residence and a maximum accommodation of eight guests in four rooms, as well as development standards concerning the placement and condition of rooms and specific required finings that: 1) The property is physically suitable for use as a bed and breakfast facility; and 2) The use of the property as a bed and breakfast will not cause an undue burden on adjacent and nearby property owners. (ii) Additional bedrooms resulting from the conversion of non-bedroom space to bedrooms in single-family dwellings or other residences may constitute a use that is similar to or the same as “small commercial lodging facilities in residential districts” for bed and breakfast uses. (iii) Time to study and evaluate the applicability of bed and breakfast regulations (and other Zoning Code regulations) to the conversion of non-bedroom spaces and areas to bedrooms is required, so as to ensure the adding of bedrooms is addressed in the Zoning Code and does not otherwise conflict with prohibitions in the Zoning Code. (b) The Zoning Code expressly recognizes and regulates ancillary business uses in single-family dwellings and other residences. Section 9.60.110 of the Municipal Code regulates “home occupation” (or home business) uses. This section applies to “an occupation or activity conducted as an accessory use within a dwelling unit incidental to the residential use of the property,” and, in adopting this section, the City specifically intended to ensure that such “incidental and accessory uses may be established in Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 6 of 13 residential neighborhoods under conditions that will ensure their compatibility with the neighborhood.” (i) Among other provisions, Section 9.60.110 requires: 1) An incidental and accessory use that shall not change the principal character or use of the dwelling unit involved; 2) Only residents of the dwelling unit may be engaged in the home occupation; and 3) A home occupation shall not occupy more than twenty-five percent of the combined floor area of the house and garage. (ii) Additional bedrooms resulting from the conversion of non-bedroom space to bedrooms in single-family dwellings or other residences may be intended by an owner to be for a business use either identical to or substantially similar to “an incidental and accessory use” which requires special review and approval to ensure their compatibility with the neighborhood. (iii) Unpermitted additional bedrooms, without review by the City and/or without conditions attached to their use, likely could change the principal character or use of the dwelling unit by, among other impacts: (1) Increased or excessive noise, (2) The potential generation of large numbers of people and vehicles in residential neighborhoods, (3) The potential impact on the City’s infrastructure resulting from additional inhabitants in a single-family dwelling or residence, and (4) The potential impact on the tourism-related facilities (such as hotels and resorts) in the City. (iv) Time to study and evaluate the applicability of home occupation/home business regulations (and other Zoning Code regulations) to the conversion of non- bedroom spaces and areas to bedrooms is required, so as to ensure the adding of bedrooms is addressed in the Zoning Code and does not otherwise conflict with prohibitions in the Zoning Code. Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 7 of 13 (4) Violations of the General Plan and Specifically the Housing Element. Additional bedrooms resulting from the conversion of non-bedroom spaces and areas to bedrooms in existing single- family dwellings or other residences threatens to frustrate the City’s goals and policies as articulated in the General Plan and its Housing Element due to the potential unintended influx in rental housing and occupancy of those single-family dwellings or other residences in excess of that contemplated by the General Plan and its Housing Element, producing unplanned impacts on residential neighborhoods. (a) Additional bedrooms resulting from the conversion of non- bedroom spaces and areas to bedrooms in existing single- family dwellings or other residences produces an unplanned impact on the community that has the potential to frustrate the City’s “Housing Vision Statement” as articulated in the Housing Element. (Page II-206 of the Housing Element.) (i) The Housing Vision Statement places emphasis on “maintaining and enhancing the City’s high quality of life for its residents, . . . the maintenance and improvement of its existing housing, . . . [and] preserving the overall character of the City.” (Page II-206 of the Housing Element.) (ii) In pursuit of that vision, the Housing Element repeatedly stresses the importance of maintaining consistency of housing density as provided for in the General Plan and Zoning Code, discussing in depth the City’s detailed residential zoning, which is predicated on housing density levels. (See Sections 9.30.020 [RVL Very Low Density Residential District], 9.30.030 [RL Low Density Residential District], 9.30.040 [RC Cove Residential District], 9.30.050 [RM Medium Density Residential District], 9.30.060 [RMH Medium High Density Residential District], and 9.30.070 [RH High Density Residential District] of the Municipal Code.) (iii) As recognized in the Housing Element, the most common housing-related problem in the City is illegal room additions/garage conversions, and the Housing Code mandates that health and safety deficiencies be corrected in accordance with Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 8 of 13 construction standards that were in effect at the time the structure was built. (See page II-287 of the Housing Element.) (iv) The City’s comprehensive zoning and planning evidences the City’s thoughtful consideration of population density in its residential neighborhoods. (See pages II-258-259 of the Housing Element). Adding bedrooms resulting from the conversion of non-bedroom spaces and areas to bedrooms in existing single-family dwellings or other residences threatens that careful planning by introducing a potential unintended influx of rental housing and occupancy in excess of that contemplated by the density planning set forth in the Zoning Code and Housing Element. (b) Adding bedrooms resulting from the conversion of non- bedroom spaces and areas to bedrooms in existing single- family dwellings or other residences produces an unplanned impact on the community that has the potential to frustrate the goals and objectives set forth in other elements of the General Plan. (i) The Land Use Element articulates the City’s land use goals and policies, including: 1) Preserving safe and identifiable neighborhoods that provide a sense of place by encouraging the preservation of neighborhood character and assure a consistent and compatible land use pattern. (See, GOAL LU-3, Policy LU-3.1 in the Land Use Element of the General Plan.) 2) Maintenance and protection of existing neighborhoods. (See, GOAL LU-4 in the Land Use Element of the General Plan.) (ii) The Circulation Element takes into account existing and long term regional traffic and transportation infrastructure needs in order to assure the City maintains a transportation network that efficiently, safely and economically moves people, vehicles, and goods using facilities that meet the current demands Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 9 of 13 and projected needs of the City. (See, GOAL CIR-1 of the Circulation Element of the General Plan.) (iii) The Sustainable Community Element articulates the City’s goals and policies concerning its efforts at creating a community that provides the best possible quality of life for all its residents and which specifically includes resource efficient development principles. (See, GOAL SC-1 of the Sustainable Community Element of the General Plan.) (c) Overall, the goals and policies set forth in the General Plan evidence the City’s intent to establish building standards and housing policies that preserve the character of its residential neighborhoods, maintain safe, efficient, and economic transportation, and promote a sustainable community. Adding bedrooms that result from the conversion of non-bedroom spaces and areas to bedrooms in existing single family dwellings or other residences, and the potential impacts resulting from such conversion (including potential influx of rental housing and occupancy in excess of contemplated density designations), threatens each of these goals. B. The City Council finds and determines, for the reasons set forth in this ordinance, that the continued approval or issuance of any City-issued land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, for conversions of non-bedroom spaces and areas to bedrooms in existing single-family dwellings or other residences would result in a threat to public health, safety, or welfare. C. The City Council finds and determines that any new or the continued approval of applications for additional bedrooms that result from the conversion of non-bedroom spaces and areas to bedrooms in existing single-family dwellings or other residences would have specific, adverse impacts upon the public health or safety for the reasons identified in SECTION 1(A)(1), (2), (3), and (4) of this ordinance. D. The City Council finds and determines that this ordinance is necessary to mitigate or avoid the specific, adverse impacts identified in SECTION 1(A)(1), (2), (3), and (4) of this ordinance. E. There is no feasible alternative to satisfactorily mitigate or avoid the specific, adverse impacts identified in SECTION 1(A)(1), (2), (3), and (4) of this ordinance, as well or better, with a less burdensome or restrictive effect, than the adoption of this ordinance. Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 10 of 13 F. The City Council finds and determines, for the reasons set forth in this ordinance, that the adoption of this ordinance is exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15060(c)(2), in that the adoption of this Urgency Interim Ordinance will not result in a direct or reasonably foreseeable indirect physical change in the environment, and is further and independently exempt from the California Environmental Quality Act under State CEQA Guidelines Section 15061(b)(3), in that it can be seen with certainty there is no possibility the adoption of this ordinance will have a significant effect on the environment. SECTION 2: Imposition of Moratorium. Based on the findings described above, the City Council hereby adopts the following moratorium and implementing provisions: A. From the date of the adoption of this ordinance, extending the moratorium, enacted and extended under Ordinance Nos. 566 and 569, pursuant to Government Code Section 65858, for an extension period of one hundred twenty (120) days from its adoption, no approvals may be made by the City, its officers, or its employees for any incomplete or new applications for any City-issued land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, for additional bedrooms that result from the conversion of non-bedroom spaces and areas to bedrooms in existing single-family dwellings or other residences within the following zones in the City: RVL Very Low Density Residential District; RL Low Density Residential District; RM Medium Density Residential District; RC Cove Residential District; RMH Medium High Density Residential District. B. During the effective dates of this ordinance, the issuance of any new land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, in violation of SECTION 2(A) of this ordinance, is hereby prohibited and shall be null and void. C. Notwithstanding any provision of the Municipal Code to the contrary, no new land use entitlement, including subdivisions, use permits, variances, building permits, or any other applicable entitlement, for room additions from conversions of non-bedroom space to bedrooms in existing single-family dwellings or other residences shall be approved or issued in violation of SECTION 2(A) of this ordinance during the pendency of this ordinance or any extension thereof. D. Nothing in this ordinance does or may be construed as authorizing, in any zone not identified in SECTION 2(A), an approval of a City-issued land use entitlement (including subdivisions, use permits, variances, building permits, or any other applicable entitlement) for additional bedrooms that result from the conversion of non-bedroom spaces and areas to bedrooms, if any such zone not identified in SECTION 2(A) does not permit, or only permits with conditions, residential habitation. Ordinance No. 570 Residential Non-bedroom Conversions Moratorium Extension Adopted: May 15, 2018 – URGENCY ORDINANCE Page 11 of 13 E. The extension of the moratorium in this ordinance is extended in accordance with Government Code Section 65858. SECTION 3: Study and Report. City staff is hereby authorized and directed to conduct a study of the areas in the City, and specifically residential neighborhoods, that have or may have, either currently or likely to in the future, additional bedrooms resulting from applications for the conversion of non-bedroom spaces and areas to bedrooms in existing single-family dwellings or other residences. The study shall address impacts and effects on the character of those areas of the city, especially the residential neighborhoods in which additional bedrooms would result from the conversion of non-bedroom spaces and areas to bedrooms. The study may address any other issues within the scope of the purpose for the moratorium imposed by this ordinance. The study may recommend amendments to the General Plan, its Housing Element, and/or any provisions in the Municipal Code, including the Zoning Code (Title 9), Building and Construction Code (Title 8), and Short-Term Vacation Rental Regulations (Chapter 3.25). The study prepared by City staff shall be reviewed and considered by the City Council as part of the written report that the City Council must issue ten days prior to the expiration of this ordinance or any extension hereof, pursuant to Government Code Section 65858. SECTION 4: Authority. This Ordinance is declared to be an urgency ordinance by authority conferred on the City Council of the City of La Quinta pursuant to the La Quinta City Charter and Government Code Section 65858. SECTION 5: Adoption. This ordinance is adopted by a four-fifths vote of the City Council pursuant to the authority granted by the California Constitution and state law, in addition to the La Quinta City Charter. SECTION 6: Severability. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this ordinance is, for any reason, held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance or existing provisions in the La Quinta Municipal Code. The City Council hereby declares that it would have adopted this ordinance and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 7: Effective Date. This ordinance shall be in full force and effect immediately upon its adoption pursuant to Government Code Section 65858. For the term of this ordinance, or any extension thereof, the provisions of this ordinance shall govern over any conflicting provisions of any other City ordinance, resolution, or policy. SECTION 8: Posting. The City Clerk shall certify the passage and adoption of this ordinance and publish or post the same as required by law.