HomeMy WebLinkAbout11/14/23 PLANNING & DEVELOPMENT SPECIAL doft
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BAKERSFIELD
THE SOUND OF Cpdv18(l7Atay
Stoll: Committee Members
Christian Clegg, City Monomer Councilmember, Monpreet hour Choir
Gary Hollen,Assistant City Monoger Councilmember, Bob Smith
Councilmember, Bruce Freeman
Special Planning and Development Committee
of the City Council—City of Sokesfield
Tuesday, November 14, 2D23
5:00 p.m.
City Hall North—Conference Room A
1600 Truxtun Avenue, Bakersfield CA 93301
AGENDA
1. ROLL CALL
2. PUBLIC STATEMENTS
a. Agenda Item Public Stotem enk
b. Non-Agendo Item Public Statements
3. ADOPT August M, 2023, SPECIAL MEETING AGENDA SUMMARY REPORT
4. REPORTS
5. DEFERRED BUSINESS
a. Update on Chronic Nuisance and Properties Progress and Consideration of
Vacant Building Registry Ordinance
(Staff recommends receive and file report and provide direction)
b. Discussion of Short-Term Rental Policies
(Staff recommench receive and file presentation and provide direction)
6. NEW BUSINESS
J. COMMITTEECOMMENTS
B. ADJOURNMENT
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BAKERSFIEe �"L��'D�
THE SOUND OF5ft ([" rloga
Stop Committee Member
Gary Hallen,Assistant City Manager Councilmember Manpreet hour—Chair
Councilmember Bruce Freemen
Councilmember Bob Smith
MEETING OF THE SPECIAL PLANNING AND DEVELOPMENT COMMITTEE
Of the City Council—City of Bakersfield
Tuesday, August M,2023
5D0 p.m.
City Hall North—Conference Room A
1600 Truxtun Avenue, Bake field CA93301
AGENDA SUMMARY REPORT
Meeting called to order of p.m.
1. ROLL CALL
Committee Members Present Councilmember Manpreet hour—Chair
Councilmember Bruce Freemen
Councilmember BobSmith
City Stott Present: Gary Hallen Assistant City Manager
Julie Drimakis, City Clerk
Chris Boyle, Development Services Director
Vuidiono Gallordo-King, Deputy City Attorney
Joe Conroy, Public Information Officer
Paul Johnson, Planning Director
Phil Burns, Building Director
2. PUBLICSTATEMENTS
a. Agenda Item Public Statements
Dave Dmohowskl spoke regarding item 5.a.
b. Non-Agendo Item Public Statement
None
3. ADOPT May 23, 2023, AGENDA SUMMARY REPORT
Motion by Committee member Smith for approval of minutes. Committee Member
Freeman seconded,Motion unanimously approved.
4. REPORTS
None
5. DEFERRED BUSINESS
a. Draft Residential Zoning Ordinance; presentation and direction.
Chris Boyl made staff comments and presentation.
Motion by Committee member Smith to approve Residential Zoning Ordinance.
Committee Member Freeman seconded.
Motion unanimously approved.
6. NEW BUSINESS
None
7. COMMITTEE COMMENTS
None
8. ADJOURNMENT
The meeting was adjourned at 6:19 p.m.
Manpreet Kaur, CHAIR
PLANNING AND DEVELOPMENT COMMITTEE
ATTEST:
JULIE DRIMAKIS, MMC
CITY CLERK and Ex Officio Clerk of
the Council of the City of Bakersfield
Special Meeting of the Planning and Development Committee of the City Council-City of Bakersfield
Tuesday, November 1,2022, 12:00 p.m.- Page 2
BAKERSFIELD
THE SOUND OF C5WAkf V&er
CHRONIC NUISANCE VACANT BUILDING PROGRAM ANNUAL REPORT 2023
The Code Enforcement Special Projects Team identified 127 properties that were chronic, vacant,
nuisance buildings, posted substandard buildings and buildings that sustained fire/structural damage
during 2023. Xz_1JW:,i
Receiverships Update
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The building at 2205 20t" Street was rehabilitated using the receivership remedy.
It was listed for sale in June 2023 and sold above the listed price. The City
Attorney's Office successfully recovered all the City's costs related to this
abatement action. 2205 Street
Before rehabilitation
There are currently five active cases for potential
~ � receivership action. Four properties have been provided to the City
Attorney's office to be reviewed and processed for the court action. One
property is completing Code Enforcement's administrative process.
2205 20"Street
After rehabilitation +
Abandoned building Posted Structure suffered fire damage
Demolitions Update Substandard April 2016 Posted Substandard May 2012 Abandoned building Posted
Substandard May 2015
Since May 2022, there have been forty-five demolitions completed. Twenty-seven demolitions were
completed by the property owners.
Abandoned building which had Demolished by owner. Structure suffered major damage Demolished by owner.
been Posted Substandard since March 2023 as the result of a fire. July 2023
February 2014 July 2023
The City has completed eighteen demolitions through the Abatement of Dangerous Buildings
administrative process.
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Abandoned building which had Demolition completed with Fire damaged building Demolition in progress. Demolition completed with
been Posted Substandard since an abatement warrant across the street from an Elementary School in an abatement warrant
November 2016 October 2023 Elementary School close proximity can be August 2023
seen in the background
11/7/2023
There are eighteen active demolition cases in progress, under contract or in various stages of the
Code Enforcement administrative process.
Both buildings suffered fire damage. Owner has completed asbestos abatement and is Demolition by the Owner in progress.
Demolition in progress by the owner. coordinating removal of utilities for demolition. ETA for completion is November 2023.
Code Enforcement in the early stages of Demolition by the City in progress. Code Enforcement awaiting results of an
the administrative process for demolition. ETA for completion is November 2023. asbestos inspection prior to demolition.
Rehabilitations Update
There are fourteen properties under construction, or which have owners actively working to obtain
building permits for repair or rehabilitation.
Abandoned building which had Abandoned building which had
been Posted Substandard since been Posted Substandard since Abandoned building which had
November 2016 March 2015 been Posted Substandard since
May 2006
7
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Project near completion. The new
Project near completion awaiting electrical Project near completion. The new
owner anticipates scheduling a connection. PG&E has a transformer issue which owner to schedule a final roof
final inspection November 2023. has delayed electrical service for 6 months. inspection in October 2023.
Properties To Monitor Update
Eleven properties evaluated by the group were determined to be ineligible for acquisition,
demolition, or receivership action. Code Enforcement will continue to monitor those properties.
Seventeen properties identified as chronic, nuisance, vacant buildings are pending evaluation by
the group to categorize the appropriate remedy. Code Enforcement staff will compile relevant
records to assist with the analysis of these properties.
Posted Substandard Buildings Update
- a I
DANGERThere are currently 313 buildings identified which have been posted substandard
DO NOT EMBER and unfit for occupancy. There have been 1,774 follow-up inspections of posted
Y` This Building Is
_•s..o�.,ME^` oar.:""a"" substandard buildings to verify their status in 2023.
Unsafe/Unfit forA Occp n
There were 4 joint enforcement operations by staff from the Code Enforcement Special Projects and
Rapid Response Teams, Bakersfield Fire Department Arson Units, Bakersfield Police Department
Impact and Animal Control Units. The focus of these projects were to inspect vacant buildings
posted for no occupancy and conduct enforcement for violations of unlawful occupancy and other
offenses.
During the joint enforcement operations there were 47 vacant buildings i
inspected resulting in 51 arrests by Bakersfield Police Department for violations
r
of Enter/Occupy a Posted Building and/or for other misdemeanor and felony
warrants. There were 3 dogs impounded by Animal Control, 4 subjects
accepted services and were taken to local shelters. A total of 33 buildings
were boarded up by Code Enforcement staff to re-secure them against -
entry. A subject is escorted out of a posted
substandard building by a BPD Officer
The Special Projects Team handled 596 cases for unpermitted construction, landlord/tenant disputes,
property maintenance (weed, trash and open structure abatements) zoning, illegal parking and
vehicle abatements. A majority of those, 557 cases, were proactive throughout significantly blighted
neighborhoods near the posted substandard and chronic, nuisance, vacant, building cases they
manage.
ECONOMIC COMMUNITY DEVELOPMENT PROJECT UPDATES
The Economic and Community Development Department (ECD) started outreach efforts with property
owners of chronic nuisance or blighted properties within the City of Bakersfield to review potential
redevelopment opportunities with them.
Staff assessed the qualifications of projects and attempted to match them with available programs
with the potential to revitalize blighted properties into beneficial uses.
During 2023, ECD staff mailed 30 letters to owners for 22 properties. To date, most of the properties
pursued by ECD align with priority areas, such as the Prosperity Neighborhood Initiative, the
Transformative Climate Communities program, and future redevelopment plans. Two are in escrow
and will close before the end of the year. One property was recently acquired. One property was sold
on the market to another buyer. Five properties are in negotiations to be appraised prior to making
an offer for acquisition. Seven properties are under review to determine eligibility with available
programs, determine appropriate course of action, or decide whether to proceed.
Fire damaged URM building on Both buildings were demolished Fire damaged URM building on Both lots currently in escrow
Baker Street Posted Substandard by the owner with grant Baker Street Posted Substandard with ECD for redevelopment.
July 2017 assistance through ECD July 2017
# ADDRESS WARD TYPE CASE# STATUS
1 2011 Chester Ave. 2 ADB 22-5582 Active
2 1509 Potomac Ave. 2 ADB 23-50 Active
3 1217 Baker St. 2 ADB 23-89 Active
4 1416 E. 9th St. 2 ADB 23-3921 Active
5 3601 S.Chester Ave.#56 1 ADB 23-4271 Active
6 1225 Baker St. 2 ADB 23-4961 Active
7 3207 Union Ave. 3 ADB 23-5267 Active
8 115 8th St. 2 ADB 23-6254 Active
9 2105 23rd St. 2 BLDC 23-6529 Active
10 1116 West Point Dr. 3 ADB 23-7491 Active
11 913 Watts Dr. 1 ADB 23-8453 Active
12 1805 Marshall St. 1 ADB 23-7257 Active
13 2425 Haley St. 3 ADB 23-7928 Active
14 3109 California Ave. 2 ADB 23-8882 Active
15 3801 Mt.Vernon Ave. 3 ADB 23-7259 Active
16 705 33rd St 3 ADB 23-10158 Active
17 310 E 21st St 2 ADB 23-10323 Active
18 829 Chester Ave. 2 ADB 22-3381 Active
Completed Demolition Cases
# ADDRESS WARD TYPE CASE# STATUS BY
1 441 1st St. 2 ADB 22-2023 Closed OWNER
2 2207 Verde St. 2 ADB 22-0036 Closed CITY
3 1027 S. Brown St. 2 ADB 21-5720 Closed CITY
4 1415 Oregon St. 2 ADB 21-4150 Closed CITY
5 521 Lake St. 2 ADB 22-5191 Closed OWNER
6 503 S.Williams St. 2 ADB 22-2912 Closed OWNER
7 812 Baker St. 2 ADB 22-0200 Closed OWNER
8 2601 California Ave. 2 ADB 22-4164 Closed CITY
9 1231 E. 18th St. 2 ADB 22-5856 Closed OWNER
10 1108 H St. 2 BLDC 16-4707 Closed OWNER
11 4101 Columbus St. 2 ADB 22-8148 Closed OWNER
12 1207 Gorril I St. 2 ADB 23-1473 Closed OWNER
13 1503 Terrace Way 2 ADB 22-6307 Closed OWNER
14 2425 Haley St. 3 ADB 22-3675 Closed CITY
15 708 Dr. Martin Luther King Jr BLVD. 2 ADB 22-3656 Closed CITY
16 524 Pacific St. 2 ADB 22-5268 Closed CITY
17 3001 Madison St. 1 ADB 22-4835 Closed OWNER
18 231 Sonora St. 2 ADB 22-3621 Closed OWNER
19 110 Truxtun Ave. 2 PM 13-1723 Closed OWNER
20 3315 San Dimas St. 2 ADB 23-521 Closed OWNER
21 509 H St. 2 ADB 22-5423 Closed CITY
22 204 Haybert Ct. 2 ADB 22-7082 Closed OWNER
23 101231stSt. 3 ADB 22-4653 Closed CITY
24 228 Dr. Martin Luther King Jr BLVD. 1 ADB 22-7237 Closed CITY
25 1312 Eureka St. 2 ADB 22-7360 Closed CITY
26 1910 Harper Ave. 2 ADB 22-7469 Closed CITY
27 115 S.Owens St. 2 ADB 22-8086 Closed CITY
28 2300 White Ln. 1 ADB 22-5665 Closed OWNER
29 1023 Terrace Way 2 ADB 22-7363 Closed CITY
30 2825 California Ave. 2 ADB 23-3033 Closed OWNER
31 811 Lincoln St. 2 ADB 23-0522 Closed CITY
32 2123 23rd St. 2 ADB 23-6499 Closed OWNER
33 1030 P St. 2 ADB 23-2286 Closed CITY
34 8038thSt. 2 ADB 23-4555 Closed OWNER
35 527 Oregon St. 2 ADB 23-2070 Closed OWNER
36 7017 Sierra Rim Dr. 6 ADB 23-4687 Closed OWNER
37 3601 S.Chester Ave.#28 1 ADB 23-2566 Closed CITY
38 3025QSt. 3 ADB 23-8043 Closed OWNER
39 5301 Lennox Ave. 6 ADB 23-5031 Closed OWNER
40 715 34th St. 3 ADB 23-4121 Closed CITY
41 1216 Niles St. 2 ADB 22-7973 Closed OWNER
42 3509Jewett Ave. 2 ADB 22-7647 Closed OWNER
43 400 Watts Dr. 1 ADB 23-6794 Closed OWNER
44 5601 Gwendolyn St. 7 ADB 23-6956 Closed OWNER
45 200 E Brundage Ln 2 ADB 22-3521 Closed OWNER
Owner Rehabilitation Cases
# ADDRESS WARD CASE# STATUS Permits/Status
Permit#23-2884 Valid until 9/19/2024
1 1200 11th St. 2 06-1482 Active Permit#22-15409 Valid until 4/3/2023
2 1416 Terrace Way 2 19-4309 Active Permit#22-7501 Valid until 02/22/2024
Permit#23-12373 Valid until 10/12/2024
3 3508 Horne St. 1 19-6326 Active Permit#22-13156 Valid until 3/5/2024
4 3804 University Ave. 3 21-0008 Active Permit#23-5287 Valid until 5/8/2024
Permit#23-7187 Plan Check Corrections
Permit#23-9540 Valid until 3/24/2024
5 516 S. Union Ave. 2 21-5371 Active Permit#22-4737 Plans approved
6 906 Union Ave. 2 22-3425 Active Permit#23-5166 Valid until 5/1/2024
Permit#23-1651 Valid until 1/7/2024
7 2001 Chester Ave. 2 22-5581 Active Permit#23-7429 Plan submittal.
Permit#23-5829 Final approved 5/9/2023
8 115 Olive St. 2 22-8205 Active Permit#23-8308 Awaiting Final Insp
9 730 N St. 2 23-1278 Active Permit#23-7131 Valid until 6/26/2024
Permit#23-6371 Valid until 5/8/2024
10 6100 Quaking Aspen St. 6 23-1324 Active Permit#23-6919 Valid until 6/7/2024
11 2011 18th St. 2 23-1374 Active Permit#23-6235 Valid until 2/5/2024
12 413 Texas St. 2 23-1753 Active Permit#23-3764 Valid until 9/5/2024
13 7102 Rogue River Dr. 6 23-4816 Active Permit#23-12259 Plan Check Corrections
14 416 Bill Ave. 2 23-5074 Active Permit#23-10389 Valid until 9/26/2024
# ADDRESS WARD CASE# STATUS
1 802 Union Ave. 2 17-7457 Active
2 631 Bernard St. 2 18-0014 Active
3 6300 Dennen St. 7 18-3658 Active
4 601 Melba Ln. 2 22-0294 Active
5 500 H St. 2 23-3068 Active
6 3412 Harvard Dr. 3 21-4768 Active
7 2688 Oswell St. 3 14-0658 Active
8 207 H St. 2 22-1194 Active
9 1400 18th St. 2 22-2347 Active
10 1313 Niles St. 2 22-6467 Active
11 1001 S. Owens St. 2 17-0789 Active
ECD Property Status Update
Project Area
Property Status Old Town Kern Maritn Luther Downtown Area Other
King Area
Property Acquired/In 3 0 0 0
Escrow
In negotiations/set to 3 2 0 0
be appraised
Under Review for 0 3 2 2
Eligibility/Appropriate
Course of Action
Sold to another 1 0 0 0
buyer
Solicitation Letter 3 9 1 9
Sent
Total 10 14 3 11
Properties Under Escrow/Purchased
Address APN Neighborhood Status
812 Baker St. Escrow -Purchase Completed on or before
016-060-07 Old Town Kern 12/26/2023
808 Baker St. Escrow -Purchase Completed on or before
016-060-08 Old Town Kern 12/26/2024
800 Baker St. 016-060-10 Old Town Kern Purchase Complete on November 7, 2023
REDLINED
ORDINANCE NO.
ORDINANCE AMENDING SECTION 8.27.015 OF THE
BAKERSFIELD MUNICIPAL CODE RELATING TO VACANT
BUILDINGS.
BE IT ORDAINED by the Council of the City of Bakersfield as follows:
SECTION 1.
Chapter 8.27, Section 8.27.015 of the Bakersfield Municipal Code is hereby
amended to read as follows:
8.27.015 Vacant Buildings.
A. Vacant buildings must be maintained in a safe and secure condition to
prevent unlawful and/or unauthorized uses, including but not limited to
maintaining all windows and doors with locks, replacing all broken doors
or windows, and securing any other openings into the structure that are
readily accessible to trespassers.
B. Vacant buildings should be posted by the property owner with
approved no trespassing signage to permit police enforcement action.
Property owner contact information shall remain current.
C. In the case of a fire damaged building, the property owner shall, within
ninety days of the occurrence of the fire, submit an application for a fire
rehabilitation permit or obtain a permit for the demolition of the
building(s) subject to the fire.
D. Vacant Building Registry. All commercial buildings that have been or are
expected to be vacant for longer than thirty (30) days shall be
registered, at no cost, with the city's Vacant Building Registry as may be
developed and maintained in the discretion of the Buildina Director or
designee. Registration may be provided on a city website or web
application. The registration shall include the identity of all record
owners, the street address of the vacant building, and a local contact,
and shall be maintained only for internal use by the city. All applicable
properties are required to be registered and updated within 72 hours of
a change of ownership or contact information, unless a grace period
applies pursuant to subsection E below. Upon request, an owner of a
vacant commercial building shall provide a Vacant Building Plan stating
the owner's plans for the building, if any, timeline for completion of those
plans. and the measures in place to ensure that the building and
-- Page 1 of 3 Pages --
REDLINED
property will continue to be maintained in compliance with applicable
city codes.
E. Grace period. Owners of newly acquired blighted vacant buildings shall
have sixty (60) days from the date of legal possession of the building to
be in compliance with this ordinance. The Building Director or designee
may grant a continuance if documentation is provided to the
satisfaction of the Director showing delay is of no fault of the property
owner.
F. Non-compliance. Failure by the property owner to comply with each of
the standards set forth in this section shall constitute a separate violation
of this code and shall be punishable as an infraction or misdemeanor or
an administrative citation pursuant to Bakersfield Municipal Code
Chapter 1 .40, in addition to any other available remedies at law. In
addition, failure to adequately maintain vacant buildings as set forth in
this section may be subiect to nuisance abatement procedures as
provided in this Code, with penalties and costs recoverable pursuant to
Chapter 8.80 of this Code.
SECTION 2.
This Ordinance shall be posted in accordance with the Bakersfield
Municipal Code and shall become effective thirty (30) days after the date of its
passage.
--00000-
-- Page 2 of 3 Pages --
REDLINED
HEREBY CERTIFY that the foregoing Ordinance was passed and adopted,
by the Council of the City of Bakersfield at a regular meeting thereof held on
by the following vote:
AYES: COUNCILMEMBER: ARIAS, GONZALES,WEIR,SMITH, FREEMAN, GRAY, KAUR
NOES: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
JULIE DRIMAKIS, CPMC, MMC
CITY CLERK and Ex Officio Clerk of the
Council of the City of Bakersfield
APPROVED:
By:
KAREN GOH
Mayor
APPROVED AS TO FORM:
VIRGINIA GENNARO
City Attorney
By:
ASHLEY E. ZAMBRANO
Deputy City Attorney
AEZ/ag
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Page 3 of 3 Pages --
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BAKERSFIELD
THE SOUND OF5 Wlt.(OMf 13'el{er
MEMORANDUM
November 14, 2023
TO: PLANNING AND DEVELOPMENT COMMITTEE
Manpreet Kaur, Chair
Bruce Freeman
Bob Smith
FROM: Christopher Boyle, Development Services Director
Phil Burns, Building Director
SUBJECT: Update of Chronic Nuisance Property Progress and Vacant Building Registry
Information provided within this memorandum builds upon the update previously provided at the April
27, 2023, Planning and Development Committee meeting. At the previous meeting, Staff was provided
direction to bring back a vacant building registry ordinance similar to the City of Fresno's ordinance related
to commercial buildings. In prior meetings staff discussed findings related to the completed site visit to
the City of Fresno and the review of their best practices.
Chronic Nuisance Property Progress
Attached please find exhibit "A" report on Special Teams progress over the last year toward addressing
chronic nuisance properties. Our intent is to provide this same data on an annual basis to measure
progress and if there is any need to explore other options.
Vacant Building Registry
Part of our proposed Code Enforcement Fiscal Year 2023-24 budget included an additional Code
Enforcement Officer and Assistant Code Enforcement Officer for the purpose of implementing a
commercial vacant building registry within the downtown and old town kern areas. These staff members
are on board and currently working with the special projects team on vacant buildings. We have also
been working with Tech Services on a software solution to utilize to track when the public registers their
vacant building. We intend to use the City App, Rock Solid, for this purpose. We are now at a point where
we need to make the necessary municipal code changes to completely implement the program. Attached
please find exhibit "B" draft vacant building registry ordinance. With staffing as proposed the initial
boundaries would mirror the downtown biohazard clean up boundaries (exhibit"C") and would also only
initially apply to commercial buildings. Once we have program up and running and better understand the
resource utilization, we will explore modifying the boundaries and/or the type of structures.
Conclusions
City staff continues to make steps forward in systematically addressing our chronic nuisance properties.
The committee will continue to meet to assess appropriate action for the properties.
NEXTSTEPS
Staff will take the direction of the Committee. Potential options include:
1. Direct staff to move forward to full council with the proposed Vacant Building Registry
Ordinance for Commercial Buildings, as drafted.
2. Direct staff to move forward to full council with the proposed Vacant Building Registry
Ordinance for Commercial Buildings, with modification as directed by the committee.
3. Provide Alternate direction to Staff.
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BAKERSFIELD
THE SOUND OF,564 G41 -Reka
CITY CLERK'S OFFICE
MEMORANDUM
November 13, 2023
TO: HONORABLE CHAIR AND COMMITTEE MEMBERS
FROM: JULIE DRIMAKIS, CITY CLERK
SUBJECT: PLANNING AND DEVELOPMENT COMMITTEE MEETING
11/14/2023 — AGENDA ITEM 5.13. DISCUSSION OF SHORT
TERM RENTAL POLICIES
This memorandum is to transmit additional information that was inadvertently omitted
from the agenda packet.
Attachments
JD
BAKERSFIELD
THE SOUND OF56*1 iku Ve,*
MEMORANDUM
November 14, 2023
TO: PLANNING AND DEVELOPMENT COMMITTEE
Manpreet Kaur, Chair
Bruce Freeman
Bob Smith
FROM: Christopher Boyle, Development Services Director
SUBJECT: Short Term Rental Discussion
The memorandum will discuss the topic from two perspectives. It will first review the individual components
typical to an ordinance governing short term rentals within residential districts of a municipality. Secondly, the
memo will discuss available contract services which are designed to support the implementation and enforcement
of the ordinance.
ANALYSIS
Background
Vacation or "short term" rentals ("STRs") have been a growing staple of the tourism economy, providing an
alternative from traditional hotel/motel room lodgings for travelers. Although STRs technically include a
hotel room or other traditional form of overnight accommodation, theterm"STR" is now usually linked
to short-term stays within homes in residential areas of communities,including apartments,condominiums,single
family homes, and accessory dwelling units.The common denominator is the rental is for thirty days or less.The
difference is that whereas hotels are usually permitted uses within the zones they are allowed, STRs are often not
permitted within residentially zoned areas of a community, which are anticipated to provide for more permanent
forms of residency.
With the advent of online booking engines such as VRBO, AirBnB and HomeAway, among many others, it has
become easier for property owners to list a house, condo,or apartment as a STR and manage that rental without
support from more traditional property management companies.These online booking engines have also made
it easier to search and book STRs. STRs can be second homes that are used by the owner during a portion of the
year, investment properties without a permanent owner-occupant at any time, or rooms or portions of homes
rented by the owner-occupant to make ends meet.
The increase in STR activity, especially in residential neighborhoods, has created challenges across the
country. Issues ranging from noise, trash and parking to a decline in available long-term housing options
Development Services Department AM
1715 Chester Avenue,Bakersfield,CA 93301
Planning:661-326-3733 Building:661-326-3720
FAX Planning:661-852-2136 Building:661-325-0266
are regularly cited by residents in impacted communities. Across the State of California and the United
States,counties and cities are attempting to strike a balance between regulating STRs to address neighborhood
compatibility and environmental concerns while recognizing property owner rights. Resort communities in
particular are attempting to find that balance while also acknowledging the role that tourism economy and
revenue plays in particularly the smaller resort communities. STRs cangenerate millions of dollars inTransient
Occupancy Tax (TOT) revenue along with substantial accompanying permitting fees.
Ordinance Considerations
The main concerns with any land use regulation are: reasonableness and effective enforceability. Staff has
begun to review other municipalities that regulate STR's. Due to time constraints,a reliance on previous analysis
of California Counties is provided below. It is by no means exhaustive. Over 100 California municipalities
currently have STR ordinances in place, including some comparable cites. Staff will continue to gather
information and look for what will work for our City that other have been able to successfully navigate.
The list demonstrates specific commonalities in STR ordinances, including:
• Separate permit required in addition to Transient Occupancy Tax certificate.
• Renewal of permit required.
• Imposition of parking and trash regulations.
• Imposition of noise standards or guidelines.
• Posting of rules/regulations of permit and emergency contact information.
• Requirement for a local 24-hour contact.
• Occupancy limits.
• Methodologies for enforcement and associated penalties.
As to enforcement, the ordinances range from administrative citations, nuisance abatement proceedings to the
"3 Strike Rule" (3 verifiable violations during a prescribed period of time and consequences to permit occur).
Almost every ordinance reviewed to date charges a fee for the permit, thus allowing potential cost recovery of
administration of the permit program. Code enforcement already has cost recovery provisions available.
The review of other municipalities also revealed that the Finance Department is not the department/division
that is charged with administering or enforcing the permit program. In most cases,the department charged with
these duties is the equivalent of Development Services. This is logical because the TOT ordinance addresses
taxation and revenue and most if not all the above permitting regulations fall logically within building and zoning
codes. Here in Bakersfield, Development Services is the logical choice for a permitting program as it has the
expertise to provide permit issuance via the Planning Division and can also regulate and enforce the ordinance
via the Code Enforcement Division. Additionally, the TOT taxation program is vastly different in scope than a
land use permitting program. It is not advisable to merge them and, as a result, staff does not recommend that
the TOT ordinance be amended to include land use regulatory permits or enforcement. A bridge can be provided
in the land use regulatory ordinance to ensure compliance with the TOT ordinance.
Available Contract Services
If the City Council wished to pursue an STR program where staff researches and identifies STRs, adopts an
ordinance, does outreach to those properties being used as STRs, and formulates and implements a system of
regulation and tax collection for STRs,a significant investment in staff will be required. This memorandum does
not fully analyze exactly how much staff would be required, but to operate an in-house program would require
multiple additional staff members added throughout the process. Staff has the expertise and manpower to
prepare an ordinance for consideration of adoption, but the overall implementation and management of the
program over time is not currently in place. Additional enforcement personnel would most probably be required.
An alternative approach would be to utilize contracted services to implement, manage and maintain the bulk of
the requirements necessary for establishing a functional and successful STR program. Staff has completed
preliminary dialogue with two firms whose expertise is providing STR support services to municipalities. Those
services are scalable per the desires of the municipality,and usually follow the following tiers of service:
1. Short Term Rental Detection and Monitoring — The contracted firm would research all available
Bakersfield short-term rental ad listings posted on all of the various STR sites and verify their status as
STRs. The contracted firm would then connect the ad listings to property record data, and determine
compliance with adopted code and the properties registration status. These listing would be maintained
and updated as necessary. All aspects of the system and the databases would be accessible online
by Bakersfield staff with unlimited licenses.
2. STR Property Notification and Reconciliation—The contracted firm would then notify noncompliant STRs
and educate as to the STR rules for the City. If the property owner wished to continue utilizing the property
as an STR, they would be directed to secure the required permit and then access an online registration
process with the contracted service. The system would also provide automated notifications and annual
license renewal to permit holders.
3. STR Tax Collection System—The contracted firm would then also manage an online TOT remittance to be
forwarded to the City. An auditing tool to leverage captured booking data in comparison to tax collection
data would be utilized so as to assess overall program compliance.
The contract firm also typically provides a Complaint Hotline,a 24/7 bilingual complaint phone hotline and online
complaint reporting system that would serve as an additional code compliance tool. Again, the City would have
access to all aspects of the system. A firm would be available to provide a cost outline for annual cost to the City.
STR specialized service firms advertise a greater than 90 percent compliance rate within a year or less. The Code
Enforcement Division would be tasked with responding to the remaining unregistered and unpermitted STRs in
an effort to attain full compliance with the STR ordinance.
RECOMMENDATION
As noted above, staff received direction to provide information on adoption of a vacation rental ordinance. After
digestion of the information above, if the Council wishes to move forward at this time,staff recommends:
1. The preparation of an ordinance for consideration.
2. The release of an RFP to secure outside services to implement and manage the aforementioned
ordinance.
3. An analysis of staff requirements necessary, dependent upon the contractual obligations of the
selected agency/firm, in successfully implementing the STR ordinance.
The Committee may provide alternative direction to staff as it deems appropriate.
NEXT STEPS
Provide staff direction.