Loading...
HomeMy WebLinkAbout2019-12-12_PC-Memo_Appeal_STR19-0006_Final Department of Development Services Paula Daneluk, Director Pete Calarco, Assistant Director 7 County Center Drive T: 530.552.3700 Oroville, California 95965 F: 530.538.7785 Butte County Planning Commission – Appeal of Short-Term Rental Administrative Permit STR19-0006 December 12, 2019 – Page 1 of 2 buttecounty.net/dds MEMORANDUM DATE: December 12, 2019 TO: Butte County Planning Commission FROM: Rowland Hickel, Senior Planner RE: Appeal of Short-Term Rental Administrative Permit STR19-0006 (Continued from the August 22, 2019 and November 14, 2019 Meetings) ATTACHMENTS: A. Draft Planning Commission Resolution – Upholding the Appeal and Denying the Permit B. Draft Planning Commission Resolution – Denying the Appeal and Approving the Permit C. November 14, 2019, Planning Commission Agenda Report Packet D. August 22, 2019, Planning Commission Agenda Report Packet REQUESTED ACTION 1. Recommend the Planning Commission re-open the public hearing for additional discussion and consider the resolution granting the appeal and denying Administrative Permit STR19-0006. 2. Provide direction to staff on recommended changes to the Butte County Code section 24-172.1 (Butte County Short-Term Rental Ordinance) and Butte County Code section 24-5(D) (Applicability of Zoning Ordinance). EXECUTIVE SUMMARY At the November 14, 2019 continued public hearing, the Planning Commission adopted a Motion of Intent to uphold the appeal filed by Thomas Gregory Chandley and deny Short-Term Rental Administrative Permit (STR19-0006) for Michael Brown and Paula Davis. During its deliberations, the Commission raised three concerns in regards to the Butte County Code section 24-172.1 (Short-Term Rental) and Butte County Code section 24-5(D), which governs short-term rentals in unincorporated Butte County. Commission concerns expressed with these sections of County Code included the following: 1 Butte County Planning Commission – Appeal of Short-Term Rental Administrative Permit STR19-0006 December 12, 2019 – Page 2 of 2 1. Butte County Code section 24-5(D)’s requirement that, “Where conflict occurs between the Zoning Ordinance and a private agreement, the County shall follow the Zoning Ordinance” potentially interferes with a Home Owners Association’s (HOA) Covenants, Conditions, and Restrictions (CC&Rs) or other private agreements by allowing zoning laws to interfere with CC&Rs or agreements and effectively restricts enforcement by private parties; 2. Butte County Code section 24-172.1 as currently written does not provide a means for HOAs and other private parties to receive advance notice of issuance of an administrative permit for a short-term rental and to take action to ensure compliance with such agreements; and 3. Butte County Code section 24-172.1(I)(3) as currently written does not allow any commercial activity to be conducted on a property where short-term rentals occur. ANALYSIS Staff has prepared a resolution to grant the appeal of Short-Term Rental Administrative Permit STR19- 0006 consistent with the motion of intent and direction provided at the November 14, 2019 continued public hearing. Staff is also requesting the Planning Commission re-open the closed public hearing for additional discussion and direction to staff. Article V, Division 2 of the Zoning Ordinance sets forth a clear process for the review and approval of an application for an administrative permit. Land uses listed in the Zoning Ordinance that are subject to an administrative permit are permitted as-of-right. If the decision to deny STR19-0006 is based upon the failure to follow the required process, or if the proposed use will not meet the applicable standards specified in the ordinance, it may be denied. If there are concerns with the Zoning Ordinance’s failure to ensure that short-term rentals are compatible with surrounding residential uses or address the use of common areas, it is the Commission’s role to provide recommendations to the Board regarding amending the Ordinance. Butte County Code Section 24-267(G) notwithstanding, staff believes the Commission does not have discretion to deny an application for an administrative permit due to what it believes are shortcomings in the adopted ordinance. If the resolution granting the appeal and denying STR19-0006 is adopted, staff recommends the Planning Commission provide direction regarding a recommendation to the Board of Supervisors requesting amendments to sections 24-5(D) and 24-172.1. The previous resolution denying the appeal is also included for the Planning Commission’s consideration. 2 RESOLUTION NO. PC19-______ A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION UPHOLDING THE APPEAL AND DENYING THE ZONING ADMINISTRATOR’S APPROVAL OF SHORT-TERM RENTAL ADMINISTRATIVE PERMIT STR19-0006 (MICHAEL BROWN) WHEREAS, Michael Brown filed an Administrative Permit application (STR19-0006) to operate a hosted, short-term rental at an existing single-family residence located at 10588 Chayote Drive, in the unincorporated community of Durham; Assessor Parcel Number: 040-020-151; and, WHEREAS, STR19-0006 would allow the applicant to rent three bedrooms on a short-term basis (i.e., for periods of 30 continuous days or less) in compliance with the terms and conditions of Butte County Code Section 24-172.1 (Butte County Short-Term Rental Ordinance); and, WHEREAS, Butte County Code Section 24-172.1(A) reads as follows: ”A. Purpose. This section establishes a definition, permit process, rental term, site requirements, standards, and permit revocation requirements for short-term rentals to ensure that, 1) short-term rentals are compatible with and do not adversely impact surrounding residential uses, 2) property owners have the option to utilize their properties for short-term rental use, 3) risks to public safety and health to occupants and owners are minimized, 4) property values are maintained; 5) visitation and tourism to Butte County is supported, and, 6) transient occupancy tax is collected in order to provide fair and equitable tax collection for all lodging providers;” and, WHEREAS, the Short-Term Rental Ordinance attempts to minimize impacts to surrounding residences by establishing standards relating to noise, occupancy, parking, appearance, commercial activity, and property management; and, WHEREAS, on July 10, 2019, the Butte County Zoning Administrator approved STR19-0006 finding that, with the application of standard conditions of approval, the proposal met all operating standards contained in Butte County Code Section 24-172.1; and, WHEREAS, public notice of the Zoning Administrator's approval of said Administrative Permit was mailed to property owners within 300 feet of the subject property, and all property owners located on any non-county maintained private road serving the short-term rental with a minimum of ten separate property owners having been notified, including all real property owners of the Skylake Estates Home Owners Association; and, WHEREAS, on July 18, 2019, Thomas Gregory Chandley (appellant) filed an appeal of the Butte County Zoning Administrator’s approval in a timely manner; and, 3 2 WHEREAS, the Planning Commission has considered the appeal of Short-Term Rental Administrative Permit STR19-0006 at duly noticed public hearings held on August 22, 2019 and November 14, 2019; and, WHEREAS, at the public hearings, the Planning Commission received the following testimony: that Skylake Estates is a private gated community made up of five homes with a common area including a tournament water ski lake; that owners need to, and are allowed to, cross the property of other owners to access their own properties, as well as to enjoy the common area; that there is a home owner’s association (HOA) with CC&Rs; that the HOA maintains the water ski lake, including insurance for it, at a high cost to the owners; that the current insurance carrier deems short-term rentals to be a commercial use and would void the insurance if short-term rentals were allowed; that Michael Brown had short-term rentals on his property before applying for or receiving a permit for short-term rentals; that the HOA held a meeting in April 2019 and voted 4-1 against allowing short-term rentals; that Michael Brown agreed to stop allowing short-term rentals; that the other owners in Skylake Estates were surprised to learn that Michael Brown had been granted a short-term rental permit on July 10, 2019; that some of the short-term rentals were held in a structure that is not approved for residential use; that there is commercial activity on the parcel in the form of Skylake Scion which sells birds; that allowing short- term rentals would change the community from a private gated community to a commercial use area because the properties are not self-contained but all owners have access to the entire area of the gated community, including roads, paths, and water features; and, WHEREAS, the Short-Term Rental Ordinance does not address impacts to residential developments that include a common area, especially common area features that are expensive to maintain and may pose dangers or hazards, and the Ordinance does not address impacts to residential developments where there are shared roads, paths, and water features, etc., to allow owners to freely access and cross the property of other owners; and, WHEREAS, Butte County Code Section 24-5(D) reads as follows: “D. Private Agreements. The Zoning Ordinance is not intended to interfere with, repeal, abrogate, or annul any easement; covenant; deed restriction; Covenants, Conditions, and Restrictions (CC&Rs); or other agreement between private parties. Where conflict occurs between the Zoning Ordinance and a private agreement, the County shall follow the Zoning Ordinance. Butte County shall not be responsible for monitoring or enforcing private agreements;” and, WHEREAS, the function of the Butte County Planning Commission is described in Butte County Code Section 2-74 as follows: “It shall be the function of the planning commission to act as the planning agency in all matters pertaining to general plan amendments, zonings, specific plans, development agreements in accordance with Government Code section 65100, et seq.” The Planning Commission’s role is also set forth in Butte County Code Section 24-255. The nature of the decision of the Planning Commission to be made on appeal is set forth in Butte County Code Section 24-267(G) as follows: “G. Hearing and Decision. 1. During the appeal hearing, the review authority shall take action 4 3 only on the specific basis for the appeal. The review authority shall make its own decision supported by findings. In doing so, it may: a. Affirm, affirm in part, or reverse the action, determination, or decision that is the subject of the appeal; b. Adopt additional conditions of approval that address the matter appealed; or c. Remand the appeal for further review, recommendation, or action to the previous review authority. 2. The hearing body's action shall be based upon findings of fact about the particular case. The findings shall identify the reasons for the action on the appeal, and verify the compliance of the subject of the appeal with the General Plan, Zoning Ordinance and other applicable regulations;” and, WHEREAS, the Planning Commission has considered all public comments and the August 22, 2019, November 14, 2019 and December 12, 2019 reports from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Butte County Planning Commission hereby takes the following actions and makes the following findings: 1. Finds the purpose of the Short-Term Rental Ordinance, Butte County Code Section 24- 172.1(A), is not reflected in the approval of the proposed project because the approval does not assure that short-term rentals are compatible with and do not adversely impact surrounding residential uses and does not assure risks to public safety and health to occupants and owners are minimized. The approval of this short-term rental permit potentially interferes with private agreements that are intended to assure the compatibility with surrounding residential uses and the minimization of risks because it does not give the HOA and surrounding owners advance notice of the permit or the opportunity to take action before the permit is approved. Approval of this permit also runs counter to Butte County Code Section 24-5(D) because it interferes with private agreements that are more likely to carry out the purpose of the Short-Term Rental Ordinance in this situation. 2. Finds that the property owner is engaged in commercial activity, in the form of Skylake Scion which sells birds, which is listed in Butte County Code Section 24-172.1(I)(3) as being prohibited. 3. Finds the proposal associated with the application for Short-Term Rental Administrative Permit STR19-0006 does not meet the intent and purpose of Butte County Code Section 24- 172.1 because the residential development, Skylake Estates, is a private gated community: in which owners travel over the property of other owners to access their property and to enjoy the use of the common area; that contains a common area with a waterski lake that could pose risks and hazards to guests; and that granting the permit could lead to the loss of insurance covering the common area. 4. Finds the Zoning Administrator was unaware of all the relevant facts and circumstances as set forth above when making a determination of whether the proposed project is consistent 5 4 with the requirements of Chapter 24, Article 29, Section 24-202, Administrative Permits, in the review and approval of the application for Short-Term Rental Administrative Permit STR19-0006. 5. Upholds the appeal filed by Thomas Gregory Chandley and denies the Butte County Zoning Administrator's approval of Short-Term Rental Administrative Permit STR19-0006. DULY PASSED AND ADOPTED this 12th Day of December, 2019, by the following vote: AYES: Commissioner Roethler, Schleiger and Vice-Chair Hansen NOES: Chair Donati ABSENT: Commissioner Evans ABSTAIN: ______________________________ Daniel ‘Rocky’ Donati, Chair Planning Commission County of Butte, State of California ATTEST: _____________________________ Jennifier Wakefield, Secretary Planning Commission County of Butte, State of California 6 RESOLUTION NO. PC19-______ A RESOLUTION OF THE BUTTE COUNTY PLANNING COMMISSION DENYING THE APPEAL AND UPHOLDING THE ZONING ADMINISTRATOR’S APPROVAL OF SHORT-TERM RENTAL ADMINISTRATIVE PERMIT STR19-0006 (MICHAEL BROWN) WHEREAS, Michael Brown filed an Administrative Permit application (STR19-0006) to operate a hosted, short-term rental at an existing single-family residence located at 10588 Chayote Drive, in the unincorporated community of Durham; Assessor Parcel Number: 040-020-151; and, WHEREAS, STR19-0006 would allow the applicant to rent three bedrooms on a short-term basis (i.e., for periods of 30 continuous days or less) in compliance with the terms and conditions of Butte County Code section 24-172.1 (Butte County Short-Term Rental Ordinance); and, WHEREAS, On July 10, 2019, the Butte County Zoning Administrator approved STR19-0006, finding that, with the application of standard conditions of approval, the proposal met all operating standards contained in Butte County Code section 24-172.1; and, WHEREAS, public notice of the Zoning Administrator's approval of said Administrative Permit was mailed to property owners within 300 feet of the subject property, and all property owners located on any non-county maintained private road serving the short-term rental with a minimum of ten separate property owners having been notified, including all real property owners of the Skylake Estates Home Owners Association; and, WHEREAS, on July 18, 2019 Thomas Gregory Chandley (appellant) filed an appeal of the Butte County Zoning Administrators approval in a timely manner; and, WHEREAS, the Planning Commission has considered the appeal of Short-Term Rental Administrative Permit STR19-0006 at a duly noticed public hearing held on August 22, 2019, November 14, 2019, and December 12, 2019; and, WHEREAS, the Planning Commission has considered all public comments and a report from the Planning Division. NOW, THEREFORE, BE IT RESOLVED, that the Butte County Planning Commission hereby takes the following actions and makes the following findings: 1.Finds the proposed project does not contain any elements that are discretionary and is therefore statutorily exempt from the requirements of the California Environmental Quality 7 Act (CEQA), pursuant to Public Resources Code section 21081(b)(1) and section 15268 of the CEQA Guidelines. 2. Finds the proposal associated with the application for Short-Term Rental Administrative Permit STR19-0006, including all special standards attached as conditions to the Permit, complies all requirements specified in Butte County Code section 24-172.1. 3. Finds the Zoning Administrator acted consistent with the requirements of Chapter 24, Article V, Section 24-202, Administrative Permits, in their review and approval of the application for Short-Term Rental Administrative Permit STR19-0006. 4. Denies the appeal filed by Thomas Gregory Chandley and upholds the Butte County Zoning Administrator's approval of Short-Term Rental Administrative Permit STR19-0006. DULY PASSED AND ADOPTED this 12th Day of December, 2019, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Daniel ‘Rocky’ Donati, Chair Planning Commission County of Butte, State of California ATTEST: _____________________________ Jennifier Wakefield, Secretary Planning Commission County of Butte, State of California 8