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HomeMy WebLinkAbout11/14/23 PLANNING & DEVELOPMENT SPECIALdoft w BAKERSFIELD THE SOUND OF Cpdv18(l7Atay Stoll: Committee Members Christian Clegg, City Monomer Councilmember, Monpreet hour —Chair 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 ent b. Non-Agendo Item Public Stotements 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 /oft w 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 at5:03 p.m. i�:L ]I�NdP 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&*e 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. Receiverships Update 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 20" Street After rehabilitation Demolitions Update There are currently five active cases for potential 2205 20" Street Before rehabilitation 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. Abandoned building Posted Structure suffered fire damage 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 been Posted Substandard since February 2014 Demolished by owner March 2023 Structure suffered major damage as the result of a fire. July 2023 Demolished by owner. July 2023 The City has completed eighteen demolitions through the Abatement of Dangerous Buildings administrative process. i lit Ra A 1 1 . 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. Demolition in progress by the owner. Code Enforcement in the early stages of the administrative process for demolition. Rehabilitations Update Owner has completed asbestos abatement and is coordinating removal of utilities for demolition. Demolition by the City in progress. ETA for completion is November 2023. ETA for completion is November 2023. Code Enforcement awaiting results of an asbestos inspection prior to demolition. There are fourteen properties under construction, or which have owners actively working to obtain building permits for repair or rehabilitation. Abandoned building which had been Posted Substandard since November 2016 owner anticipates scheduling a final inspection November 2023. Properties To Monitor Update been Posted Substandard since March 2015 Project near completion awaiting electrical connection. PG&E has a transformer issue which has delayed electrical service for 6 months. Abandoned building which had been Posted Substandard since May 2006 Project near completion. The new owner to schedule a final roof inspection in October 2023. 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 substandarc 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 inspected resulting in 51 arrests by Bakersfield Police Department for violations 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 Baker Street Posted Substandard July 2017 Both buildings were demolished by the owner with grant assistance through ECD Fire damaged URM building on Both lots currently in escrow Baker Street Posted Substandard with ECD for redevelopment. 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 4411st 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 812Baker 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 231Sonora 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 527Oregon 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 1216Niles 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 1 1200 11th St. 2 06-1482 Active Permit #23-2884 Valid until 9/19/2024 Permit #22-15409 Valid until 4/3/2023 2 1416 Terrace Way 2 19-4309 Active Permit #22-7501 Valid until 02/22/2024 3 3508 Horne St. 1 19-6326 Active Permit #23-12373 Valid until 10/12/2024 Permit #22-13156 Valid until 3/5/2024 4 3804 University Ave. 3 21-0008 Active Permit #23-5287 Valid until 5/8/2024 5 516 S. Union Ave. 2 21-5371 Active Permit #23-7187 Plan Check Corrections Permit #23-9540 Valid until 3/24/2024 Permit #22-4737 Plans approved 6 906 Union Ave. 2 22-3425 Active Permit #23-5166 Valid until 5/1/2024 7 2001 Chester Ave. 2 22-5581 Active Permit #23-1651 Valid until 1/7/2024 Permit #23-7429 Plan submittal. 8 115 Olive St. 2 22-8205 Active Permit #23-5829 Final approved 5/9/2023 Permit #23-8308 Awaiting Final Insp 9 730 N St. 2 23-1278 Active Permit #23-7131 Valid until 6/26/2024 10 6100 Quaking Aspen St. 6 23-1324 Active Permit #23-6371 Valid until 5/8/2024 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: 4:1611IW+ 00 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. 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. -- 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: M AYES: NOES: ABSTAIN: ABSENT: KAREN GOH Mayor COUNCILMEMBER: ARIAS, GONZALES, WEIR, SMITH, FREEMAN, GRAY, KAUR COUNCILMEMBER: COUNCILMEMBER: COUNCILMEMBER: APPROVED AS TO FORM: VIRGINIA GENNARO City Attorney M ASHLEY E. ZAMBRANO Deputy City Attorney AEZ/ag S:ACOUNCILAOrch\2024A8.2ZO15.Vcccn}BUi ldi ngs.rdl.docx JULIE DRIMAKIS, CPMC, MMC CITY CLERK and Ex Officio Clerk of the Council of the City of Bakersfield -- Page 3 of 3 Pages -- ST- l ' 7 C WA� P� Q aim_o ;ram ' GIMORE A l i yf [1 1 "inxr mall H 7 _ 2 H ° Fr 2.01 teal , { Q T s S E -a 36TH SS s Y' fir _' i o - � _a O COcn w O 34 r ' _ 35TH ST 34TH ST �. 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E TIUXTl7Nj H i T y . ° O �Y i RE F 1gTH , r '37, Co Dot Go 0Rgs STDoto Z ` ZGoS Go eA� "o[ z� BUTT CH/CO gr 87 HAYDEN CTq m O ooCOR 0� tt� . 1 � . � cp �,,, a.TrEsr' - c s low- R 1. • A Fsr Q E CALIFORNIA AVE - 411TH ST F- SF- Z- - , O J w w o (� CO r a _ (� -_CO Co E11ToHST z 1,.rF i .,�a 10TH ST �r Ir S ,Y F z �9 _ O Co Q E10THSTC/) CO . .. d oft W BAKERSFIELD THE SOUND OF5 Wlt.AMf 13' ,** 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. s 0 RECEIVE AND PLACE ON FILE AT A- D MEETING OF 3 Chronic Vacant Nuisance Property Update Vacant Commercial Building Registry City Council Referral (Ward 2 ) City Council Committee Meeting Planning Et Development Background Update of progress since the April 27, 2023, Planning and Development Committee meeting. Proposed vacant building registry ordinance similar to the City of Fresno's. In prior meetings staff discussed findings related to the completed site visit to the City of Fresno and the review of their best practices incorporated into our proposed ordinance. Update on Nuisance Property Program • Memo attached as Exhibit "A". • Receivership at 2205 20nd St -Complete Et sold to new owner Completed Demolitions - .• ADDRESS <411st St. 2207 Verde St. WARD 2 2 TYPE MD MB CASE 222073 22-0016 ,rA.,,, ❑med Closed 0v OWNLN CITY 1027 S. Brown St. Ia15 Uegon St. -21 Le"S'. 50l S. Williams St. 2 2 2 2 ADD MB AD AD 21 5720 314150 22-5191 223912 Closed CI.— Closed Crowd CITY CITY OWNER OWNER '121,— St. 2601 Celilorn1. AM. 1211 E. 18th St. S. �1•� 1108 IRS* 2 2 2 2 MB AD B MB BLDC 2202W 224161 22 5856 164]07 Cl— Closed Co— Cloud OWNER CITY OWNER OWNER a101 Columbue St. 2 PDB 22-8198 CIoxM OWNER 107 Gpmlll St. 3 MB 21-1173 Cloud OWNED 1503 Terrxe Way 2 AD B 22 6307 Closed OWNER N 2425 Il St. 3 AD B 22-1675 Closed CITY 708 D, Martin Luther Kinq lr BLVD. 2 ADD 22 3656 Closed CITY 514 Peciflc St. 2 AD B 22 52M Closed CITY 1 . =1 Madison St. 1 ADB 22 4835 CI— OWNER 211 So— St. 2 ADS 22-1621 Closed OWNER .... ,;.. ._....... . . ....... ... 110Truxtun Ave. 2 PM 1)1121 Closed OWNER 3115 Sen Dlmes St. 2 AD B 23-521 Closed OWNER - 509 H St. 2 AD 22-5.123 Closed CRY 205 Heyb Ct. 2 AD B 22-7082 C ou OWNER 1012 31 It St. MB 22 .53 Closed CITY �p fL F 228 D, Martin Luther King Jt BLVD. 1 ADS 22-7237 Cloud CITY 1112 E.— St. 2 MB 22 �7160 Closed CITY - �y 1910 Harper Ave. 3 AD B 22-7,169 Closed CITY 1is S. Owem St. 2 AD 228086 Cloud CITY 23W WNte Ln. 1 ADB 22 5665 Cloud OWNER 1023 Terrxe Way 2 ADB 22 7363 Closed CITY 2125 C.Lilomla Awe. 2 AD B 21-3033 Closed OWNER ® 911 Lincoln St. 2 MB 23 0522 Closed CITY - - '--^ 2123 23rd St. 2 AD 21fi 99 Closed OWNER 1030 P St. 3 ADB 23-2z86 Closed CITY !L— 8036N St. 2 AD 334555 Cloud _ OWNER + 5270regon St. 2 MB 212070 C1.— OWNED 7017 Slerre RR,, D, 6 MB 214687 Closed OWNER MI S. Chester Am. #28 1 ADD 23-2566 Closed CITY 3025OSt. 3 MB 23-BOK3 CIO— OWNER 5301 Lennox Ave. 6 a 23-5031 Closed OWNER ..:...... ......`-( 715 Ylth St. 1716 Nlles St. 3509 Jewett Asa. 3 2 2 AD ADS Al)B 234121 22-7973 22.7.7 Closed Closed Clos CITY OWNER OWNER /00 Watts Dr. 1 ADS 231 6794 Closed OWNER 5601 GW—lRlyn St. 7 ADS 33.6956 Closed OWNER = • 200 E Brundage Ln 2 ADS 22-3521 Clo— OWNER Active Demolitions ADDRESS WARD TYPE CASE # STATUS 2011 Chester Ave. 2 ADB 22-5582 Active 1509 Potomac Ave. 2 ADB 23-50 Active 1217 Baker St. 2 ADB 23-89 Active 1416 E. 9th St. 2 ADB 23-3921 Active 3601 S. Chester Ave. #56 1 ADB 23-4271 Active 1225 Baker St. 2 ADB 23-4961 Active 3207 Union Ave. 3 ADB 23-5267 Active 115 8th St. 2 ADB 23-6254 Active 2105 23rd St. 2 BLDC 23-6529 Active 1116 West Point Dr. 3 ADB 23-7491 Active 913 Watts Dr. 1 ADB 23-8453 Active 1805 Marshall St. 1 ADB 23-7257 Active 2425 Haley St. 3 ADB 23-7928 Active 3109 California Ave. 2 ADB 23-8882 Active 3801 Mt. Vernon Ave. 3 ADB 23-7259 Active 705 33rd St 3 ADB 23-10158 Active Oft310 E 21 st St 2 ADB 23-10323 Active • ' 829 Chester Ave. 2 ADB 22-3381 Active Active Rehabilitation Cases ADDRESS WARD CASE # STATUS Permits/Status iia" Permit #23-2884 Valid until 9/19/2024 Permit #22- tv 120011thSt. 2 06-1482 Active 15409 Valid until 4/3/2023 © 1416 Terrace Way 2 19-4309 Active Permit#22-7501 Valid until 02/22/2024 Permit #23-12373 Valid until 10/12/2024 Permit #22- 3508 Horne St. 1 19-6326 Active 13156 Valid until 3/5/2024 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 Permit #22-4737 Plans 516 S. Union Ave. 2 21-5371 Active approved 906 Union Ave. 2 22-3425 Active Permit #23-5166 Valid until 5/1 /2024 Permit #23-1651 Valid until 1 /7/7024 Permit #23- 2001 Chester Ave. 2 22-5581 Active 7429 Plan submittal. Permit #23-5829 Final approved 5/9/2023 Permit #23- 115Olive St. 2 22-8205 Active 8308 Awaiting Final Insp 730 N St. 2 23-1278 Active Permit #23-7131 Valid until 6/26/2024 Permit #23-6371 Valid until 5/8/2024 Permit #23- r 6100 Quaking Aspen St. 6 23-1324 Active 6919 Valid until 6/7/2024 2011 lath St. 2 23-1374 Active Permit #23-6235 Valid until 2/5/2024 ® 413 Texas St. 2 23-1753 Active Permit #23-3764 Valid until 9/5/2024 ® 7102 Rogue River Dr. 6 23-4816 Active Permit #23-12259 Plan Check Corrections 416 Bill Ave. 2 23-5074 Active Permit #23.10389 Valid until 9/26/2024 0 Economic Community Development Projects Registry Program • Proposed vacant building registry ordinance as shown in memo exhibit "B" • Provides framework for commercial building registry utilizing previous ordinance modifications related to vacant buildings. Utilize Bakersfield Mobile App to track registered vacant buildings Start program in same area as Bio Hazzard clean up program Nuisance Abatement Overview BMC Chapter 8.27 - Property Maintenance Specifies conditions constituting a nuisance E. general standards for property maintenance (already includes unsecured vacant buildings, overgrown weeds constituting fire hazard, broken windows facilitating trespass, etc.) BMC Chapter 8.80 - Abatement of Public Nuisances Sets forth the Code Enforcement process, from an initial notice of violation through abatement hearing, appeal, and assessment BMC Title 15 - Buildings and Construction Adoption of various uniform codes (Building Code, Housing Code, Plumbing Code etc.) 7-1 0 Vacant Buildings - Overview 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. 7 E Proposed Vacant Building Registry 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 Building Director or designee. Registration may be provided on a city website or web application... E. Grace period. Owners of newly acquired blighted vacant buildings shall have sixty (60) days from the date of legal possession of the building... 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... Program Boundaries Next Steps • Direct staff to move forward to full council with the proposed Vacant Building Registry Ordinance for Commercial Buildings, as drafted. • 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. Provide Alternate direction to Staff. d oft W BAKERSFIELD THE SOUND 0F,564441-Reiter 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. 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. 11/14/2023 RECEIVE AND PLACE ON FIDE AT XV, MEETING OF I1 Z3. 0 11/14/2023 K 3 SHORT-TERM RENTALS 101 Q:What are short-term rentals? A: Rental of a residential dwelling units for periods of less than a month. Q:What do Airbnb,VRBO and the 100s of other short- term rental platforms do? A:Airbnb,VRBO and FlipKey etc. act as online marketplaces connecting travelers with local hosts. On one side the platforms enable people to list their available space and collect rent. On the other, the platforms enable travelers to easily book unique home stays. Short Term Rental are becoming more the preference than —25% of the travelling population in the U.S. has now stayed at a short- term rental Airbnb Use (Among Travelers) 30, 25% 25% i9% 10% 9% 15% 10% 5% 0% L9 Tm r._P dpFaW se 'A:rrOar Sid!'Py FPW3•CI tB°< 16•, 121E Bu9nsss TrweM. •2015 2018E ^2018A 23'-1 2017E < 30 days Host Guests 0 More people visit Airbnb than any hotel or travel booking website Toll 10 US Hotel L ACCOnlmodatlon Sites Ranked by lots, Traffic. Ot 2011 20-4smr cOm - .. ._. 92 Si751 0 H ws com d 00d111a1/ Inl�fnalWnal uold•.I 42 1 ( -S I _A 1115s) 7 111terCC11lIM "t 14014ft CFWIP �2sd (2o•) ®2/1(#-,1 _It7(•1a14 10 Chad HOWS Int�rnatWlvl hpEOmytl sxhgm0��aaaso-*N o^ 0"orM.n •ry- .Y,rn..., m/' L�f!+.alldrf otaftap4rptaP elrl AMP�O mWMc otwcPs 1 11/14/2023 IN CALIFORNIA THE NUMBER OF SHORT-TERM RENTAL LISTINGS HAS GROWN BY 66% OVER THE LAST 3 YEARS 250,000 200,000 150,000 100,000 50,000 0 r� u 4 Over 100 municipalities have STR ordinances in California alone. 1.I 5 # of Listing in California 235,274 March 2016 April 2019 Permit Required TOT Certificate Required Bedroom E Occupant Requirements Exterior Sign Posting of STR Internet advertisement of STR Permit, Emergency contact information posted Local 24 hr. contact Application Fee and Annual renewals Parking Restrictions Noise Regulations Requirements Violation Suspension or revocation Violation - Nuisance Abatement and Fines 2 11/14/2023 If the City adopts an ordinance allowing for STRs, then . , . The City will need to enforce the ordinance. Difficult to achieve and potentially costly. Many cities use contract services because of the difficulties in achieving compliance. mom I DKKARD Bakersfield, CALIFORNIA • Ease people into compliance You've implemented a great program You've got great data It's time to ensure everyone is playing by the rules Encouraging compliance is easier BALANCING ACT: MANAGING SHORT TERM RENTALS TRACKING REVENUE & TAXES DUE it By tracking every booking we can calculate host revenue of almost $4M in the past 12 months *A 100% compliant program would generate about $470K in annual tax revenue which is over 1 Ox ROI *We regularly achieve over 90% compliance in a few months after �I engagement 7 Host R-- T-t Ocapanq T,a $3,912.967 $469,555 V NOVEMSER 2023 3 11/14/2023 Short Term Rentals 1- Set specific regulations right for Bakersfield • Manage noise disturbances • Minimize the negative impact on housing affordability • Collect revenue to cover increased costs for the community 9 FRESNO, CALIFORNIA y • 'FIENTIFYING & MONITORING STRS SINCE •• • ;JGUST 2023 ,• * 737 STIR properties identified by Rentalscape * 95% of properties identified in the first month 0 0 4 11/14/2023 Short Term Rental Detection and Monitoring STR Property Notification and Reconciliation STR Tax Collection System Even provide a Complaint Hotline to assist in on -the -ground Code Enforcement efforts. Costs are typically scaled to number of STRs to promote ROL 40 10 5 11/14/2023 11 Potential Recommendation - Staff could receive direction to provide information on adoption of a Short -Term Rental (STR) ordinance. If the committee wishes to move forward at this time, Committee Recommendation could include: • Preparation of a STR Program and Ordinance for consideration. • Release of an RFP to secure outside services to implement/manage the ordinance. • Analysis of staff requirements necessary to successfully implement the ordinanc The Committee may provide alternative direction to staff as it deems appropriate, either for more information to come back to committee for further discussion or to be presented at Council. 12 1