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Conduct a noticed public hearing to consider Zone Text Amendment, (ZT-18-03) and the Planning Commission’s affirmative recommendation; Adopt an ordinance amending Chapter 28 of the Solano County Code to define the short-term rental of a dwelling as a “vacation house rental” and to authorize such land use, subject to an administrative or minor use permit, within the Agricultural, Rural Residential and Watershed Zoning Districts
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Published Notice Required? Yes _X___ No _ _
Public Hearing Required? Yes _X___ No _ _
DEPARTMENTAL RECOMMENDATION:
The Department of Resource Management recommends that the Board of Supervisors:
1. Waive reading of the proposed ordinance;
2. Conduct a public hearing to consider Zone Text Amendment (ZT-18-03); and
3. Adopt the ordinance, Zone Text Amendment, (ZT-18-03), amending Chapter 28 of the Solano County Code regarding Vacation House Rentals.
SUMMARY:
Vacation house rental is increasing in popularity and prevalence, especially given the rise and ease of use of internet based vacation house rental sites. The use of a dwelling unit as a vacation house rental (whole house rental) rather than as a residence is a land use that is not addressed and implicitly not authorized by Chapter 28 (Zoning Regulations) of the Solano County Code. Though not authorized, there were 64 vacation house rentals identified in unincorporated Solano County as of August 2018 by Host Compliance, a firm that provides consulting service to jurisdictions on issues specific to vacation house rentals, making it necessary to consider amending Solano County Code to address this issue.
On July 19, 2018, following a study session on May 17, 2018 and a public hearing on June 21, 2018, the Planning Commission resolved (Resolution No. 4658) to recommend to the Board of Supervisors a proposed ordinance allowing vacation house rentals in areas zoned for Exclusive Agriculture (A-20), Suisun Valley Agricultural (A-SV), Rural Residential RR 2.5, 5 and 10, and Watershed (W). Under the proposed ordinance vacation house rentals will fall into one of two categories, hosted and unhosted, with general regulations for both categories along with specific regulations for each category. A hosted vacation house rental can occur on a parcel with a primary and secondary dwelling where the property owner resides on the property in the non-rental dwelling, and requires an Administrative Permit approved by the Director of Resource Management, which can be issued if all code requirements are met. An unhosted vacation house rental can occur where the owner does not reside on the property and after a minor use permit from the Zoning Administrator is issued.
FINANCIAL IMPACT:
The cost for preparation of this ordinance is included in the Department of Resource Management’s FY2018/19 Adopted Budget. If adopted, the cost to review and approve Administrative Permits and Minor Use Permits will be borne by the department’s budget and be mostly offset by existing fees for those permits and services. The costs associated with preparing the agenda item are nominal and absorbed by the department’s FY2018/19 Adopted Budget.
DISCUSSION:
This summer the Planning Commission held three meetings (May 17, June 21 and July 19, 2018) in which short-term rental of houses for periods of less than 30 days were discussed. The discussion included consideration of regulations to assure that this use would be compatible with the residential character of the neighborhoods. Proponents for such use stated that it improves agritourism and increases exposure of Solano County agriculture in general, which could improve prices of the farmer’s products. Proponents also stated that this use would benefit the economy since the revenue generated from vacation house rentals would assist farmer’s during times when crop yields were down, improve County revenue from Transient Occupancy Tax, and help local businesses by attracting and retaining visitors that would otherwise go to nearby counties to visit and stay overnight. Proponents also stated that the industry is self-regulating through on-line reviews and home owner interest to preserve their properties. Opponents stated that an ordinance allowing vacation rental homes would convert existing long-term rentals to short term rentals and impact housing availability. There was also concerns raised about traffic, noise and trespassing issues. Opponents also claim that local hotels would be impacted as short-term rentals would take away their business. Infrastructure concerns related to sewage disposal and water supply were also stated.
To address concerns, some of the general requirements for any vacation rental home in the proposed ordinance include: limitations of 2 occupants per bedroom plus an additional two occupants and limitation of 10 total occupancy of the rental house; maintenance of quiet hours from 10 pm to 8 am; prohibition of special events, which includes weddings, parties and similar events; prohibition of off street parking and a requirement for three on-site parking spaces for guests; prohibiting outdoor amplified sound; requiring vacation rentals to meet building and fire codes and to submit to a fire inspection prior to operating as a rental; registration and payment of Transient Occupancy Tax; and coverage of the property by commercial insurance. Specific requirements for the unhosted vacation home rental include requiring that a manager be available while the vacation house is rented who can respond within 45-minutes to address on-site issues. A sign with contact information must also be displayed near the front door on an unhosted vacation house rental so the public will know who to contact should there be an issue. The attached table on Vacation House Rental Requirements provides a summary of these requirements for hosted and unhosted vacation house rentals. In terms of infrastructure, it is anticipated that with the limitation on occupancy, a vacation rental house will be used in a manner consistent with the existing septic system sizing for the residential dwelling and no addition to the leach field will be required. The rental will also need to comply with existing state drinking water permitting requirements based on the amount of use occurring.
It should be noted that this ordinance will address rental of the entire house only. It does not address rental of single rooms within a house. Staff intend to bring an ordinance addressing the issue of single room rentals to the Board at a later date.
Environmental Review
Zone Text Amendment will not result in a direct or reasonably foreseeable indirect physical change in the environment and is categorically exempt from further environmental review under Sections 15301 and 15303 of Title 14 of the California Code of Regulations.
Planning Commission Recommendation
The Planning Commission held one study session (May 17) and two public hearings (June 21 and July 19) to obtain information regarding vacation house rentals and on development of specific amendments to regulate them to assure that this use would be compatible with the residential character of the neighborhoods. At the public hearing held on July 19, 2018, the Solano County Planning Commission resolved (Resolution No. 4658) to recommend approval of the zone text amendment ordinance as presented herein to the Board of Supervisors.
Public Notice
Consistent with Government Code Section 65090, a public hearing notice (attached) was published in the Fairfield Daily Republic at least 15 days prior to the public hearing
ALTERNATIVES:
The Board of Supervisors may choose:
1. Not to adopt the ordinance. This is not recommended since public testimony indicates that the use is currently occurring with no regulations and no Transient Occupancy Tax collected.
2. Consider changes to the ordinance. This is not recommended since the Planning Commission held three meetings with a large amount of public testimony.
OTHER AGENCY INVOLVEMENT:
The Planning Commission held three meetings with public input to formulate the draft ordinance.
CAO RECOMMENDATION:
APPROVE DEPARTMENTAL RECOMMENDATION