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Conduct a noticed Public Hearing to consider zone text amendment ZT-26-03, which would amend Chapter 28 (Zoning Regulations) of the Solano County Code to correct typographical errors, update and revise definitions and sections pertaining to short-term and long-term rental lodgings to further clarify the Short-Term Rental Ordinance in the unincorporated Solano County; the project is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Sections 15061(b)(3)
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Published Notice Required? Yes _X_ No ____
Public Hearing Required? Yes _X_ No ____
RECOMMENDATION:
The Department of Resource Management (Department) recommends the Planning Commission:
1. Conduct a noticed public hearing to consider Zone Text Amendment No. ZT-26-03; and
2. Adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance Zone Text Amendment No. ZT-26-03 amending Chapter 28 of the Solano County Code to update and revise definitions and sections pertaining to short-term and long-term rental lodgings to further clarify the Short-Term Rental Ordinance in the unincorporated Solano County (Attachments A and B).
SUMMARY:
Ordinance No. 2018-1798 was adopted October 2, 2018, amending Chapter 28 (Zoning Regulations) to define the short-term rental of a dwelling as either a hosted or unhosted vacation house rental. The ordinance authorized this commercial land use within several zoning districts, including Rural Residential.
Increased concern within the community developed over the potential erosion of the agricultural character of Solano County neighborhoods. Overall public sentiment persisted: without adequate land use regulations and procedures in place, public safety and welfare from unregulated short-term rental operations were at risk.
On April 27, 2021, the Board of Supervisors adopted Ordinance No. 2021-1820U, which established a 2-year moratorium on new vacation house rental permits in the Rural Residential zoned districts. Staff were directed to take measures to improve the County’s operational standards, improve permit and complaint processes, and reevaluate appropriate zoning districts for vacation house rental operations.
Responding to the concerns raised by the interim ordinance, amendments were made to Chapter 28 on March 28, 2023. The adoption of Ordinance No. 2023-1845, the County’s Short-Term Rental Ordinance, addressed the following:
• The identification of and differentiation between the short-term rental/transient lodging facilities in unincorporated Solano County: Agricultural Homestays, Bed & Breakfast Inns, Hosted Rentals, Rooming or Boarding Houses, and Vacation House Rentals (VHRs).
• The permit, transient occupancy tax, and business license requirements for short-term rentals.
• The use and promotion of short-term rentals in areas and zoning districts that preserve the character of county neighborhoods, support agriculture, and agritourism.
• The prohibition of short-term rentals in certain zoning districts and State Responsibility Area Fire Hazard Severity Zones (FHSZ).
• Effective oversight and enforcement mechanisms in place to ensure compliance.
The matter before the Planning Commission involves proposed amendments to Chapter 28 of the Solano County Code (Zoning Regulations) to eliminate ambiguities and add standards that will assist in the County’s implementation and enforcement of the Short-Term Rental Ordinance. Having had the Short-term rental ordinance in place for three years now, staff have identified provisions in the ordinance that generate common confusion and which are difficult for staff to enforce. Department staff recommend updates that can be grouped into two categories.
The first update clarifies terms in Section 28.01 (Definitions) and adds a definition for “long-term rental” to further distinguish between short-term and long-term stays. The second update adds general standards applicable to all dwellings regarding long-term rentals. The standards aim to provide clarity to the public and better equip County staff to enforce and prevent circumvention of short- and long-term rental regulations.
DISCUSSION:
Summary of Amendments:
1. Update and Revise Definitions. Currently, temporary stays of 30 days or less are generally defined as “transient occupancy.” However, transient occupancy is used interchangeably with “short-term rental”, and this often generates confusion. To eliminate this ambiguity and promote consistency, terms in Section 28.01 that relate to temporary stays of 30 days or less will state “short-term rental or transient occupancy” within their definitions. To clarify the Short-Term Rental Ordinance and further distinguish between short-term and long-term stays, a definition for “long-term rental” has been added.
2. General standards for long-term dwelling units. Currently, many unpermitted operators located in zoning districts where vacation house rentals (VHRs), which are a type of a short-term rental, are not allowed, utilize the “31-day loophole” to bypass the County’s short-term rental regulations. By identifying their listing as a 31-day minimum rental and allowing early cancellation or a refund for partial stays, the operators are not only violating the permit policy but also cause the County to lose funding from transient occupancy taxes, permit fees, and business license fees. Updating the general standards for dwellings in Section 28.72.10(A) to include minimum stay requirements, a refund restriction clause, advertising limitations, and record keeping and reporting requirements will assist in preventing this common circumvention while equipping staff to effectively implement enforcement.
GENERAL PLAN CONSISTENCY:
The proposed ordinance is consistent with the Solano County General Plan in that the amendments to the text of Solano County Zoning Regulations are compatible with the objectives, policies, general land uses, and programs specified in the plan. The proposed ordinance does not alter prior regulations for intensity or location of development in the County.
ENVIRONMENTAL REVIEW:
The proposed zone text amendment is exempt from the California Environmental Quality Act (Public Resources Code §21000, et seq.) (CEQA) pursuant to CEQA Guidelines (Cal. Code Regs., tit. 14, §15000 et seq.) Section 15061(b)(3) (Common Sense Exemption) because the proposed project has no potential to cause a significant effect on the environment. The proposed project entails a set of minor amendments to the text of Chapter 28 of the Solano County Code to eliminate ambiguities, correct typographical errors, and promote practicality and internal consistency. The proposed zone text amendment will not alter prior regulations for intensity or location of development or otherwise compel any physical disturbance to the existing physical environment.
PUBLIC HEARING NOTICE:
In accordance with Solano County Zoning Regulations and State law, notice of a public hearing was published at least 20 days before the scheduled hearing in the Fairfield Daily Republic (Attachment C). In addition, all persons requesting notice of the public hearing were mailed notices of the hearing.
RECOMMENDATION:
Staff recommends that the Planning Commission adopt a resolution recommending that the Board of Supervisors adopt the proposed ordinance (ZT-26-03) amending Chapter 28 (Zoning Regulations) of the Solano County Code to correct typographical errors, update and revise definitions and sections pertaining to short-term and long-term rental lodgings to further clarify the Short-Term Rental Ordinance in the unincorporated Solano County.
ATTACHMENTS:
A - Resolution with Draft Ordinance (Clean)
B - Draft Ordinance (Redline)
C - Public Notice