CITY COUNCIL
UNFINISHED BUSINESS
SEPTEMBER 21, 2015
SUBJECT:
ORDINANCE NO. 15-958 (2No READING) AMENDING TITLE
19 OF THE WEST HOLLYWOOD MUNICIPAL CODE
CLARIFYING THE PROHIBITION OF SHORT-TERM
VACATION RENTALS
INITIATED BY:
CITY CLERK'S DIVISION
~
(Yvonne Quarker, City Clerk)
(Melissa Crowder, Assistant City Clerk)·~
STATEMENT ON THE SUBJECT:
The City Council will waive further reading and adopt Ordinance No. 15-958
amending Title 19 of the West Hollywood Municipal Code clarifying the prohibition
of short-term vacation rentals.
RECOMMENDATION:
Waive further reading and adopt Ordinance No. 15-958, "AN ORDINANCE OF
THE CITY OF WEST HOLLYWOOD AMENDING TITLE 19 OF THE WEST
HOLLYWOOD MUNICIPAL CODE CLARIFYING THE PROHIBITION OF
SHORT-TERM VACATION RENTALS".
BACKGROUND:
On July 20, 2015, the City Council introduced on first reading Ordinance No. 15958.
Ayes:
Noes:
Abstain:
Absent:
Councilmember Heilman, Mayor Pro Tempore Meister, and Mayor
Horvath.
Councilmember Duran.
Councilmember D'Amico.
None.
On August 3, 2015 this item was brought forward to Council for a 2nd reading and
adoption. The item failed by a 2-2 vote (Mayor Horvath and Mayor Pro Tempore
Meister voting Aye, Councilmembers D'Amico and Duran voting No, and
Councilmember Heilman was absent). On August 17, 2015 this item was brought
forward to Council for a 2nd reading and adoption. The item was tabled and staff
was directed to bring the item back to the September 21, 2015 meeting.
AGENDA ITEM
4 .A
Ordinance 15-958 (2nd Reading)
Page 2
CONFORMANCE WITH VISION 2020 AND THE GOALS OF THE WEST
HOLLYWOOD GENERAL PLAN:
This item is consistent with the Ongoing Strategic Program of: Institutional
Integrity and the General Plan Goal to G-2: Maintain transparency and
integrity in West Hollywood's decision-making process.
OFFICE OF PRIMARY RESPONSIBLILITY:
Office of the City Clerk
EVALUATION:
N/A
ENVIRONMENTAL SUSTAINABILITY AND HEALTH:
N/A
FISCAL IMPACT:
None
ATTACHMENT:
Attachment A: Ordinance 15-958
ORDINANCE NO. 15-958
AN ORDINANCE OF THE CITY OF WEST
HOLLYWOOD AMENDING TITLE 19 OF THE WEST
HOLLYWOOD MUNICIPAL CODE CLARIFYING
THE PROHIBITION OF SHORT-TERM VACATION
RENTALS
THE CITY COUNCIL OF THE CITY OF WEST HOLLYWOOD DOES
HEREBY ORDAIN AS FOLLOWS:
SECTION 1. FINDINGS
(a) The renting to transient occupants of homes, apartments,
condominiums and mobile homes, and portions thereof, is prohibited under
existing City law by virtue of not being listed as a permitted use in the Zoning
Ordinance and represent an incursion of commercial activities in residential
zones of the City.
(b) Short-term vacation rentals for a period of thirty consecutive calendar
days or less in the City are a source of increased noise and demand for City
services.
(c) Short-term vacation rentals compromise the safety of residents by
providing access to buildings, including keys and security codes, to transient
occupants.
(d) Short-term vacation rentals deplete the already limited housing stock
in the City, including housing subject to the rent control provisions of Title 17 of
the municipal code.
(e) The advent of Internet-based platforms has resulted in a proliferation
of residential properties being offered to transient lodgers in violation of existing
law. This proliferation requires an expansion of enforcement mechanisms to
deter parties who facilitate and solicit this illegal activity.
(f) Therefore, in an attempt to promote the aims and goals of the
prohibition of short-term vacation rentals and enhance the City's ability to enforce
the City's prohibition, the City intends to clarify its existing prohibition on transient
rental of residential dwelling units.
SECTION 2. A new land use is added to the alphabetical list of land uses
in Table 2-2 in Section 19.06.030 of Chapter 19.06 of Title 19 of the West
Hollywood Municipal Code to read as follows:
Ordinance No. 15-958
Page 2
PERMIT REQUIRED BY
ZONE
Specific Use
R1
R2
R3
R4
Regulations
2
LAND USE
Short-term rental of a dwelling unit, or
any portion thereof, for a period of thirty consecutive calendar days or less
-
-
-
19.36.331
SECTION 3. A new land use is added to the alphabetical list of land uses
in Table 2-5 in Section 19.10.030 of Chapter 19.10 of Title 19 of the West
Hollywood Municipal Code to read as follows :
2
PERMIT REQUIRED BY ZONE
3
CN CC/SSP CA CR PDCSP PF
LAND USE
Short-term rental of a
dwelling unit, or any
portion thereof, for a
thirty
period
of
calendar
consecutive
days or less
-
-
-
-
-
Specific
Use
Reaulations
19.36 .331
SECTION 4. A new section 19.36 .331 , Short-Term Vacation Rentals , is
added to Chapter 19.36 of Title 19 of the West Hollywood Municipal Code to
read as follows :
A.
Rental Prohibited . No person or entity shall offer or provide a
dwelling unit, or any portion thereof, for rent for thirty (30) consecutive calendar
days or less to any transient.
B.
Advertisement. No person or entity
advertisement of a rental prohibited by this section .
shall
maintain
any
SECTION 5. The following definitions are added to the alphabetical list of
definitions in Section 19.90 .020 of Chapter 19.90 of Title 19 of the West
Hollywood Municipal Code to read as follows :
Advertisement. Any printed or lettered announcement, whether in a
magazine , newspaper, handbill , notice, display, billboard , poster, Internet
website or application , or any other form.
Ordinance No. 15-958
Page 3
Rent. Consideration charged, whether or not received, for the occupancy
of space in a dwelling unit valued in money, whether to be received in money,
goods, labor or otherwise.
Transient.
Any person who exercises occupancy or is entitled to
occupancy of a dwelling unit for a period of thirty (30) consecutive calendar days
or less, counting portions of calendar days as full days.
PASSED, APPROVED AND ADOPTED by the City Council of the City of
West Hollywood at a regular meeting held this 21st day of September, 2015 by
the following vote:
AYES:
NOES:
ABSENT:
ABSTAIN:
Councilmember:
Councilmember:
Councilmember:
Councilmember:
LINDSEY HORVATH, MAYOR
ATTEST:
YVONNE QUARKER, CITY CLERK
Ordinance No. 15-958
Page 4
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES
CITY OF WEST HOLLYWOOD
I, YVONNE QUARKER, City Clerk of the City of West Hollywood, do hereby
certify that the foregoing Ordinance No. 15-958 was duly passed, approved and
adopted by the City Council of the City of West Hollywood at a regular meeting
held on the 21st day of September 2015, after having its first reading at the
regular meeting of said City Council on the 20th day of July 2015.
I further certify that this ordinance was posted in three public places as provided
for in Resolution No. 5, adopted the 29th day of November, 1984.
WITNESS MY HAND AND OFFICIAL SEAL THIS 22nd DAY OF SEPTEMBER
2015.
YVONNE QUARKER, CITY CLERK