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Agenda Item 11.

Planning Commission

Meeting Date:

07/24/2018

Subject:

REQUEST

A request to update various sections of Title 20 of the Brea Municipal Code related to short-term residential rentals and small cell wireless facilities, as outlined in the attached Exhibit A.

RECOMMENDATION

Staff recommends the Planning Commission recommend approval of ZOA 18–01 to the City Council.

BACKGROUND/DISCUSSION

BACKGROUND
Municipal Codes require periodic updates to: ensure consistency with City policies and State Law; to improve clarity and to better serve the public. Staff has identified two provisions in Title 20 of the Brea Municipal Code requiring review and revisions. The goals for this omnibus amendment are to:

Provide clarity related to certain Zoning Code provisions;
Ensure internal consistency; and
Improve procedures.

The updates proposed below consist of revising definitions, updating standards and creating a new chapter in the Brea Zoning Code. If approved, the proposed amendments will be adopted as part of an “omnibus” ordinance comprised of an update to one section and the adoption of a new chapter of the Brea Zoning Code. An omnibus ordinance is the packaging of a collection of amendments relatively small in scale, having a limited scope of impact into one “omnibus” ordinance. These amendments correct typographical errors, fix section references and clean up existing code language. This code amendment update request would be the City’s first proposed omnibus ordinance amendment for the year 2018.

DISCUSSION
Staff has identified updates needed to the Zoning Code due to changes in policy and new standards. As part of this review process, Staff worked with other departments and divisions and the City Attorney to review and consider the proposed changes. Additionally, Staff surveyed and analyzed codes and policies from other agencies as appropriate and applicable. The result of this effort is two code amendments to Sections of the Brea Zoning Code. The following provides for the Commission an overview of the current code, the issue and the proposed amendment:

Code Amendment 1: Modification of requirements for Wireless Communication Facilities within the Public Right-of-Way

Overtime, wireless infrastructure has changed to smaller antennas designed to enhance service for a localized area, fix coverage gaps or address special capacity needs. New wireless technology is designed to be compact and differs from the traditional wireless communication facilities. It is common for wireless carriers to propose single antennas mounted on existing City infrastructure in the public right-of-way (i.e. Light poles, traffic signals) in various locations throughout the City.

Section 20.68.030 of Chapter 20.00 of the Brea Zoning Code provides for the definition of “Minor Wireless Communication Facility” and “Major Wireless Communication Facility”. The Brea Zoning Code defines facilities mounted in any manner on property or buildings owned by the City or in rights-of-way as Major Wireless Communication Facilities. Carriers seeking to locate wireless facilities on City owned structures or in the public right-of-way require approval of a Conditional Use Permit by the Planning Commission. Additionally, the Brea Zoning Code does not properly specify a process for smaller antennas in several locations.

To improve efficiency, streamline approval and help facilitate wireless carriers seeking to locate on multiple sites on public property or in the public right-of-way but continue to ensure appropriate and quality design and compatibility, the definition of Major and Minor Wireless Communication Facility is proposed to be amended. The amended definition would classify such requests as a Minor Wireless Communication Facility if a master agreement with the City is obtained. Master agreements would require City Council approval. The proposed amendment would allow facilities with a master agreement with the City to be reviewed pursuant to Section 20.408.040 of the Brea Zoning Code (Plan Review). The proposed amendment is a comprehensive approach to continue to allow the City of Brea authority to review sites on public property or in the public right-of-way and through the terms specified in the master agreement with the City.

The definition of “Minor Wireless Facility” and “Major Wireless Facility” in Section 20.68.030 of Chapter 20.00 of the Brea Zoning Code is proposed to be amended as outlined in the attached Exhibit A.

Code Amendment 2: Short-term Residential Rental Definition and Standards

The Brea Zoning Code does not provide explicit direction for short-term rental of a residential property. Generally, the Code indicates occupancy of a structure by transients for dwelling, lodging, or sleeping purposes for a period of thirty (30) consecutive calendar days or less is considered a temporary use. Temporary lodging falls under this category considered transient, as defined in Chapter 3.16 of the Brea Municipal Code and Section 202 of the Building Code. This definition is intended to describe land uses such as hotel and motels designed for occupancy on a short-term basis. In the Brea Zoning Code, short-term rentals are not a use expressly permitted in residential zones.

Recently, the City of Brea has received numerous complaints from residents regarding impacts of short-term rentals in residential neighborhoods. These impacts range from excessive noise, parking, accumulation of trash and property maintenance. The City Council directed Staff to conduct research on short-term residential rental regulations, to identify potential changes to the Zoning Code to ensure neighborhood compatibility. Staff conducted a survey of cities in Orange County and found nearly all City’s prohibit short-term rentals through land use regulations.

Short-term residential rentals are not listed or defined in the Brea Zoning Code and the proposed update maintain the City’s current practice and clarify the Zoning Code by expressly prohibiting this specific use. Staff is proposing adding a new chapter in the Brea Zoning Code outlining a specific prohibition of short-term residential rentals in all residential zones. This proposed section would apply to all residential zones, planned communities and specific plans in the City of Brea. The intent of this Chapter is to maintain existing policy, strengthen the legal defensibility of the City’s Code, and centralize all pertinent language and make it easily accessible for the public.

The proposed Section of 20.71 of Chapter 20.00 is proposed to be included as outlined in the attached Exhibit A.

ENVIRONMENTAL ASSESSMENT

The proposed project is exempt from the requirement of the California Environmental Quality Act (CEQA) pursuant to Section 15061(b)(3) of Title 14, Chapter 3, Article 19 of the California Code of Regulations.

ALTERNATE PLANNING COMMISSION ACTIONS
Amend the proposed Ordinance
Deny
Continue the item

RESPECTFULLY SUBMITTED

Jennifer A. Lilley, AICP, City Planner
Prepared by: Jessica Magaña, Associate Planner

Attachments
1. Exhibit A, Draft Ordinance
2. Code Amendment Summary
3. Draft Resolution
4. Public Hearing Legal Notice