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HomeMy WebLinkAboutOrd 843 ORDINANCE NO. 843 AN UNCODIFIED URGENCY ORDINANCE OF THE CITY COUNCIL OF CATHEDRAL CITY, CALIFORNIA, CONTINUING THE MORATORIUM ON THE ISSUANCE OF NEW LICENSES, CERTIFICATES OR PERMITS FOR SHORT TERM VACATION RENTAL USES IN THE CITY ESTABLISHED BY ORDINANCE NO. 825 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 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, on July 24, 2019, the City Council adopted Ordinance No. 825 establishing a permanent moratorium on the issuance of new licenses, certificates or permits for short term vacation rental uses in the City; and WHEREAS, on September 9, 2020, the City Council adopted Ordinance No. 842 repealing Ordinance No. 825 (Section 2 of Ordinance No. 842) and the City's existing short term vacation rental regulations codified in Section 3.24.011 of the Cathedral City Municipal Code (Section 1 of Ordinance No. 842), and adopting a new Chapter 5.96 of the Cathedral City Municipal Code establishing new short term vacation rental regulations (Section 3 of Ordinance No. 842), among other things; and WHEREAS, a referendum petition against portions of Ordinance No. 842 is circulating within the City, asking the City Council to reconsider and repeal Sections 1 and 3 of Ordinance No. 842 that repeal Section 3.24.011 and add Chapter Section 5.96 to the Code, or submit those portions of the Ordinance to the electors; and WHEREAS, the referendum petition against portions of Ordinance No. 842 does not ask the City Council to reconsider Section 2 of Ordinance No. 842 repealing Ordinance No. 825; and WHEREAS, Elections Code section 9238 allows a referendum petition to challenge all or any portion of an ordinance; and WHEREAS, Elections Code section 9237 provides that if a referendum petition is submitted to the elections official of the city during normal office hours within 30 days of the date the adopted ordinance is attested by the city clerk and signed by the required number of registered voters of the City, "the effective date of the ordinance shall be suspended and the legislative body shall reconsider the ordinance;" and WHEREAS, the plain language of Elections Code section 9237 indicates that if the referendum petition being circulated is submitted to the City and meets all statutory 1 RIV#4831-1049-3134 v1 requirements then Ordinance No. 842 will be suspended in its entirety, including Section 2, though an argument can be made that only Sections 1 and 3 will be suspended; and WHEREAS, to avoid any doubt regarding whether the repeal of Ordinance No. 825 is or is not suspended if the referendum petition is submitted and meets all statutory requirements, the City Council desires to readopt Ordinance No. 825 to take effect if and when Section 2 of Ordinance No. 842 is suspended pursuant to Elections Code section 9237; and WHEREAS, in adopting Ordinance No. 842, the City Council desired to repeal Ordinance No. 825 contingent upon the concurrent repeal of Section 3.24.011 and adoption of new regulations on short term vacation rentals to be codified in Chapter 5.96 of the Cathedral City Municipal Code; 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 Ordinance Nos. 824 and 825 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. SECTION 2. CONTINUATION OF ORDINANCE NO. 825 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 Ordinance is necessary for immediate preservation of the public peace, health, safety and general welfare. b) In accordance with the authority granted to the City under Government Code Sections 36934 and 36937(b), the City Council hereby readopts Ordinance No. 825, a copy of which is attached hereto as Exhibit A, to take effect if and when Section 2 of Ordinance No. 842 is suspended pursuant to Elections Code section 9237. 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 2 RIV#4831-1049-3134 v1 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). SECTION 7. CERTIFICATION The foregoing Ordinance was approved and adopted at a meeting of the City Council held on the 14th day of October, 2020, by the following vote: Ayes: Councilmembers Lamb, Gutierrez and Carnevale; Mayor Pro Gregory and Mayor Aguilar Noes: None Absents: None Abstains: None (3\ /Sohn Aguilar, Ma r ATTEST: 3 RIV#4831-1049-3134 v1 Tracey R artinez, City Clerk APPROVED AS TO FOR • /ler Eric S. Vail, City Attorney 4 RIV#4831-1049-3134 v1 ATTACHMENT A 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 n Mark amevale, ayor ATTEST: Tracey R. Marti ez, City CI=) APPROVED AS T 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 IL c.L/ Mark arnevale, v - or ATTEST: NjitA(4Lirr Tracey R7MardrMez, City C4. APPROVD AS TO FORM: /,/f Ed . Vail, ity Attorney 4