HomeMy WebLinkAboutNS-2886 - Adopting a 45-Day Temporary Moratorium on Short-Term Residential Rental UsesLS 9.8.15
ORDINANCE NO. NS -2886
AN EMERGENCY ORDINANCE OF THE CITY OF SANTA
ANA ADOPTING A 45 -DAY TEMPORARY MORATORIUM
ON SHORT -TERM RESIDENTIAL RENTAL USES
THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS
FOLLOWS:
Section 1. The City Council of Santa Ana hereby finds, determines and
declares as follows:
A. The growing popularity of "home- sharing" and other short -term vacation rentals,
through the use of internet -based companies such as Airbnb, Vacation Rentals by
Owner ( "VRBO ") and Homeaway, allow individual homeowners, landlords, and
tenants to list homes, apartments, and rooms for rent.
B. The current provisions of the Santa Ana Municipal Code ( "SAMC ") do not clearly
identify short -term residential rental uses or take into account the potential impacts
associated with the establishment of short -term rentals within existing residential
zones, As such, provisions of the Santa Ana Municipal Code ( "the Code ") require
review, study, and possible revision in order to respond to recent concerns relating
to the impacts of these short -term rental uses in the City.
C. Given these concerns, the City Council hereby requests that a study be undertaken
of the current provisions of Chapter 41 of the Municipal Code to address short -term
residential rentals and determine whether such uses should be permitted in the City,
and if so, where such uses should be permitted and under what conditions.
D. Based on the foregoing, the City Council finds that issuing permits, business
licenses, or other applicable entitlements to individuals wishing to use their property
for the purposes of a short-term residential rental, prior to the City's completion of its
study of the potential impact of such short-term residential rentals, would pose a
current and immediate threat to the public health, safety, and welfare, and that a
temporary moratorium on the issuance of such permits, licenses, and entitlements is
thus necessary.
E. If a short -term residential rental use is permitted in the City without further review
and potential regulation, it will pose a serious threat to the public interest, health,
safety and welfare for the following reasons:
1. Residents living near unregulated short-term residential rentals are impacted
by such uses' excessive noise, which affects the quality of life for surrounding
residents, on- street parking impacts, nuisance conditions and traffic in and
around these uses.
Ordinance No. NS -2886
Page 1 of 4
F. Prevention of detrimental impacts to residents, the public interest, health, safety and
welfare requires the immediate enactment of this ordinance. The absence of this
ordinance will create a serious threat to the orderly and effective implementation of
any code amendments, general plan amendments or specific plan amendments
which may be adopted by the City; short -term residential rental uses may be in
conflict with or frustrate the contemplated updates and revisions to the Code.
Moreover, permitting such uses during said studies and implementation would
create impacts on the public health, safety and welfare that the city council, in
adopting this ordinance, has found to be unacceptable.
G. The Request for Council Action for this ordinance dated September 15, 2015 and
duly signed by the Executive Director of the Planning and Building Agency shall, by
this reference, be incorporated herein, and together with this ordinance, any
amendments or supplements, and oral testimony constitute the necessary findings
for this ordinance.
H. The City Council finds, determines and declares that the current and immediate
threat to the public health, safety and welfare of the city and its citizens necessitates
the immediate enactment of the ordinance. The facts constituting such urgency are
set forth in paragraphs A -H of this ordinance.
Section 2. No short-term residential rental is permitted in a residential zone as
defined in Article I of Chapter 41 of the Code.
Section 3. Any ordinance declared by the City Council to be necessary as an
emergency measure for preserving the public peace, health and safety, and containing
a statement of the reasons for its urgency, may be introduced and adopted at one and
the same meeting if passed by the affirmative votes of at least two - thirds (213) vote of
the City Council members pursuant to Section 415 of the City Charter and shall be
immediately effective pursuant to Section 417 of the City Charter. Further, California
Government Code Section 65858 authorizes the City Council to adopt an interim
urgency ordinance, without following the procedures otherwise required for the adoption
of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses
that may be in conflict with a contemplated general plan, specific plan, or zoning
proposal that the City Council, Planning Commission or the planning division is
considering or studying or intends to study within a reasonable time.
Section 4. This ordinance shall have no further force and effect forty -five (45)
days from the date of its adoption; unless, however, after public hearing the City Council
members, by two- thirds (2/3) vote, extend this ordinance for an initial period of ten (10)
months and fifteen (15) days and thereafter, after public hearing, the City Council
members, by two - thirds (2/3) vote, extend this ordinance one more year.
Ordinance No. NS -2886
Page 2 of 4
Section 5. It shall be unlawful and a misdemeanor for any person to violate or
fail to comply with any provision of the ordinance. The violation of any provision of this
ordinance shall be punished as provided in Section 1 -8 of the Code.
Section 6. If any section, subsection, phrase, or clause of this ordinance is for
any reason held to be unconstitutional, such decision shall not affect the validity of the
remaining portions of this ordinance. The City Council hereby declares that it would
have passed this ordinance and each section, subsection, phrase or clause thereof
irrespective of the fact that any one or more sections, subsections, phrases, or clauses
be declared invalid or unconstitutional.
Section 7. The Clerk of the Council shall certify to the adoption of this
ordinance and cause the same to be published in the manner prescribed by law.
Section 8. This ordinance is introduced, passed and adopted at one and the
same meeting and is thereafter immediately effective. The City Council finds that this
ordinance is necessary to protect the public safety, health and welfare. The reasons for
the emergency are set forth in Section 1, paragraphs A -H, inclusive of this ordinance.
ADOPTED this 15th day of September 2015.
Miguel A! Pulido
Mayor
APPROVED AS TO FORM:
Sonia R. Carvalho, City Attorney
By: Lisa Storck, Assistant City Attorney
AYES: Councilmembers: Amezcua, Benavides Martinez Pulido Reyna
Sarmiento, Tinajero (7)
NOES: Councilmembers: None (0)
ABSTAIN:
Councilmembers:
None
(0)
NOT PRESENT:
Councilmembers:
None
(0)
Ordinance No. NS -2886
Page 3 of 4
CERTIFICATE OF ATTESTATION AND ORIGINALITY
I, Maria D. Huizar, Clerk of the Council, do hereby attest to and certify the attached
Ordinance No. NS -2886 to be the original ordinance adopted by the City Council of the
City of Santa Ana on September 15, 2015.
Date: I
Clerk of the Council
City of Santa Ana
Ordinance No. NS -2886
Page 4 of 4