HomeMy WebLinkAboutOrd 825 ORDINANCE NO. 825
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF CATHEDRAL CITY, CALIFORNIA,
ESTABLISHING A MORATORIUM ON THE ISSUANCE OF
NEW LICENSES, CERTIFICATES OR PERMITS FOR SHORT
TERM VACATION RENTAL USES IN THE CITY
WHEREAS, on June 26, 2019 the City Council, having made numerous recitals
and findings regarding the public peace, health, safety and general welfare being
affected by the increasing number of short term vacation rentals, adopted Urgency
Ordinance No. 824 imposing a moratorium, as an interim measure, on the issuance of
new permits for short term vacation rentals subject to certain exceptions; and
WHEREAS, City Staff having made an initial investigation into the issue and
determining that given the complexity of the short term vacation rental market, the
strong conflicting views expressed by a significant segment of the community regarding
short term vacation rentals, and the need for additional time to study the issue in greater
detail, recommended to the City Council that the interim moratorium be instead
readopted as an Urgency Ordinance pursuant to Government Code Sections 36934 and
36937(b) to take effect immediately and to remain in effect until repealed or otherwise
modified by the City Council after due consideration; and
WHEREAS, Government Code Section 36937(b) provides for the adoption of an
Urgency Ordinance to take effect immediately for the immediate preservation of the
public peace, health, safety and general welfare upon a declaration of the facts
constituting the urgency.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY ORDAINS AS FOLLOWS:
SECTION 1. Declaration of Facts Constituting Urgency
The City of Cathedral City hereby incorporates the recitals and findings made in
Urgency Ordinance No. 824 by reference as if such recitals and findings were fully set
forth herein and the City Council hereby again makes and affirms those recitals and
findings, and based thereon declares that such recitals and findings evidence facts
constituting urgency as required under the law for the subject action. A copy of
Ordinance 824 is attached to this Ordinance as Exhibit "A" for reference.
SECTION 2. IMPOSITION OF MORATORIUM
a) For the reasons set forth in the recitals and findings incorporated herein, the City
Council of the City of Cathedral City finds and declares that this proposed
Urgency Ordinance is necessary for immediate preservation of the public peace,
health, safety and general welfare.
1
b) In accordance with the authority granted to the City under Government Code
Sections 36934 and 36937(b), from and after the date of this Ordinance, no new
short term vacation rental licenses, certificates or permits shall be approved or
issued until such time as the City Council repeals or otherwise modified this
Ordinance.
c) This moratorium shall not apply to existing short term vacation rental licenses,
certificate or permits, renewals of existing short term rental licenses, certificates
for permits, or within areas governed by a homeowners association or community
association and subject to covenants, conditions, and restrictions (CC&Rs) that
expressly permit short term vacation rentals.
SECTION 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this Ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this Ordinance as
hereby adopted shall remain in full force and effect.
SECTION 4. CEQA
This Ordinance is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has
no potential to result in a direct or reasonably foreseeable indirect physical change to
the environment because it is merely the formation of an organization. 14 Cal. Code
Regs. § 15378(a). The Ordinance is also exempt from CEQA because it is an
organizational or administrative activity of governments that will not result in direct or
indirect physical change in the environment. 14 Cal. Code Regs. § 15378(b)(5). The
City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the
State CEQA Guidelines.
SECTION 5. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption, if adopted by
at least four-fifths vote of the City Council. It shall be in effect until repealed by the City
Council or otherwise modified by the City Council.
SECTION 6. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to
cause this Ordinance to be published in the manner required by law using the
alternative summary and posting procedure authorized under Government Code
Section 39633(c).
2
SECTION 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on the 24th day of July, 2019, by the following vote:
Ayes: Councilmembers Gutierrez and Gregory; Mayor Pro Tem
Aguilar and Mayor Carnevale
Noes: None
Absents: None
Abstains: None
(2-
Mark
arnevale, ayor
ATTEST:
Tracey R arti ez, City CI-(J
APPROVED AS Tt F• :
Eric S. Vail, City Attorney
RIV#4823-7713-2700 v1
3
Exhibit A
ORDINANCE NO. 824
AN UNCODIFIED URGENCY ORDINANCE OF THE CITY
COUNCIL OF CATHEDRAL CITY, CALIFORNIA,
ESTABLISHING A MORATORIUM ON THE
ESTABLISHMENT, PERMITTING AND APPROVAL OF
SHORT TERM VACATION RENTAL USES IN THE CITY
WHEREAS, newer online technology allows the marketing of short term vacation
rentals to a larger audience then in the past; and
WHEREAS, the increasing number of short term vacation rentals is creating
adverse impacts in residential zones; and
WHEREAS, numerous residents have expressed public safety and general
health and welfare concerns about adverse effects of short term vacation rentals; and
WHEREAS, the City has received numerous complaints regarding excessive
noise, parking, litter, disorderly conduct and concerns regarding security and public
safety at short term vacation rentals; and
WHEREAS, the City desires to protect neighborhoods from nuisances and other
adverse effects resulting from the operation of short term vacation rentals; and
WHEREAS, based on the above, the potential establishment of additional short
term vacation rentals in the City poses a current and immediate threat to the public
health, safety and welfare in the City due to negative impacts of such lodgings; and
WHEREAS, the City will be conducting a community dialogue on the issue of
short term vacation rentals which may lead to consideration of an amendment to the
City's Municipal code to protect the quality of life and the character of the City's
residential neighborhoods; and
WHEREAS, additional planning and research is necessary before the City
considers any permanent regulation regarding short term vacation rentals; and
WHEREAS, the issuance and approval of further business licenses, use permits,
or any other applicable entitlements for short term vacation rentals during the period
that permanent regulations are being considered would result in the aforementioned
threat to public health, safety or welfare; and
WHEREAS, the California Constitution, Article XI, section 7, provides cities with
the authority to enact ordinances to protect the health, safety, welfare and morals of
their citizens, and zoning regulations are a permissible exercise of this authority; and
1
WHEREAS, based on the foregoing it is in the best interest of public health,
safety and welfare to allow the staff and the City time to adequately study the land use
issues related to short term/vacation rentals; and
WHEREAS, Government Code section 65858 allows the City to immediately
protect and preserve the public peace, health, welfare by prohibiting any uses that may
be in conflict with a contemplated general plan, specific plan or zoning proposal that the
legislative body, planning commission or planning department is considering.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF CATHEDRAL
CITY ORDAINS AS FOLLOWS:
SECTION 1. FINDINGS
a) The City of Cathedral City has established regulations for the use of privately
owned residential dwellings as short term vacation rentals to ensure the
collection and payment of applicable transient occupancy taxes and minimize the
negative secondary effects of such use on surrounding residential
neighborhoods.
b) The proliferation of online vacation rental websites such as Airbnb.com and
Homeaway.com is enabling property owners, tenants and occupants in the city to
rent their local residential properties on a short term basis to travelers which is
increasing the number of short term vacation rentals in the city and facilitating
accelerated reservations.
c) Allowing proliferation of short term vacation rentals to occur during the period
where the City is considering the revision the City's Municipal Code to better
regulate short term vacation rentals of residential dwelling units in order to
protect the quality of life and the character of the City's residential neighborhoods
would conflict with public health, safety and welfare needs of the community.
d) Accordingly, there is a current and immediate threat to the public health, safety,
or welfare related to land uses that involve short term vacation rentals of
residential dwelling units.
e) In order to maintain comprehensive and sound land use planning, the City seeks
to study possible amendments to the zoning provisions of its municipal codes,
use permit requirements and other land use entitlement requirements in order to
regulate short term rentals of residential dwelling units.
f) Allowing short term rentals of residential dwelling units before the City has had
an opportunity to update its regulations, could lead to conflicts amongst various
land uses and conflicts with the City's long term planning goals.
2
SECTION 2. IMPOSITION OF MORATORIUM
a) For the reasons set forth in the above findings, the City Council of the City of
Cathedral City finds and declares that this proposed Ordinance is necessary for
immediate preservation of the public's health, safety and general welfare.
b) Government Code Section 65858 authorizes interim ordinances to take
immediate effect when they are "...prohibiting any uses that may be in conflict
with a contemplated general plan, specific plan, or zoning proposal that the
legislative body, planning commission or the planning department is considering
or studying or intends to study within a reasonable time."
c) In accordance with the authority granted to the City under Government Code
Section 65858, from and after the date of this Ordinance, no new short term
vacation rental permits shall be approved or issued for a period of forty-five (45)
days.
d) This moratorium shall not apply to pending applications for short term vacation
rental permits, existing short term vacation rental permits, renewals of existing
short term rental permits, or areas governed by a homeowners association or
community association and subject to covenants, conditions, and restrictions
(CC&Rs) that expressly allow for short term vacation rentals.
SECTION 3. SEVERABILITY
The City Council declares that, should any provision, section, paragraph,
sentence or word of this ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation, the
remaining provisions, sections, paragraphs, sentences or words of this Ordinance as
hereby adopted shall remain in full force and effect.
SECTION 4. CEQA
This ordinance is exempt from the requirements of the California Environmental
Quality Act ("CEQA") pursuant to State CEQA Guidelines, as it is not a "project" and has
no potential to result in a direct or reasonably foreseeable indirect physical change to
the environment because it is merely the formation of an organization. 14 Cal. Code
Regs. § 15378(a). The ordinance is also exempt from CEQA because it is an
organizational or administrative activity of governments that will not result in direct or
indirect physical change in the environment. 14 Cal. Code Regs. § 15378(b)(5). The
City Clerk shall cause a Notice of Exemption to be filed as authorized by CEQA and the
State CEQA Guidelines.
3
SECTION 5. EFFECTIVE DATE
This Ordinance shall become effective immediately upon adoption, if adopted by
at least four-fifths vote of the City Council. It shall be in effect for forty-five (45) days
from and after the date of adoption, unless extended by the City Council as provided for
in Government Code Section 65858.
SECTION 6. PUBLICATION
The City Clerk is authorized and directed to cause this Ordinance to be published
within fifteen (15) days after its passage in a newspaper of general circulation and
circulated within the City in accordance with Government Code Section 36933(a) or, to
cause this Ordinance to be published in the manner required by law using the
alternative summary and posting procedure authorized under Government Code
Section 39633(c).
SECTION 7. CERTIFICATION
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on the 26th day of June, 2019, by the following vote:
Ayes: Councilmembers Gregory and Gutierrez; Mayor Pro Tern Aguilar and
Mayor Carnevale
Noes: None
Absents: None
Abstains: None
' ALS
Mark i arnevale, ' . or
ATTEST:
Tracey R. Martinez, City Clerk
APPROV D AS TO FORM:
//
, i/Lt \• t..)--/
Eri S. Vlil, City Attorney
4