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Home My WebLink About75A - PH - EXTEND SHORT TERM RENTAL MORATORIUMREQUEST FOR COUNCIL ACTION CITY COUNCIL MEETING DATE: OCTOBER 20, 2015 TITLE: RECOMMENDED ACTION CLERK OF COUNCIL USE ONLY: APPROVED ❑ As Recommended 0 As Amended 0 Ordinance on 1a1 Reading 0 Ordinance on 2" Reading ® Implementing Resolution C Set Public Nearing For CONTINUED TO W"114 R24,044il Adopt an emergency ordinance extending the moratorium of the establishment or expansion of any short term residential rental use for a period of 10 months and 15 days. DISCUSSION In recent years, there has been an increased popularity of "home- sharing" and other short -term vacation rentals through the use of web -based companies such as Airbnb„ Vacation Rentals by Owner (VRBO), and Homeaway. "These sites allow property owners to rent their homes or apartments as an alternative travel accommodation, while providing homeowners or renters with additional income, Homes or rooms are typically listed by location and pay a percentage of their Income to the host company. Current provisions of the Santa Ana Municipal Code ($AMC) do not clearly define or identify short -term rentals as a permitted use in a residential zone. Further, staff has received numerous complaints from residents and neighborhood representatives related to Impacts from short -term rental uses such as noise, on- street parking supply, increased traffic and other impacts affecting the quality of life In the community, short -term rentals have resulted in increased Code Enforcement complaints and frustration for both the nearby residents and property owners who wish to offer these types of short -term rentals. The City Council adopted a 45 day emergency moratorium on September 15, 2015 to prohibit the establishment or expansion of any short term residential rental use in the City of Santa Ana. The interim ordinance is due to expire on October 30; 2015. During the 45 -day interim period, staff has determined that additional analysis will be necessary in order to assist in the preparation of a permanent ordinance for this use. 75A -1 bItAMODOMM e otobo . 0 0 Page As such, staff recommends an extension of the existing moratorium by the City Council to allow the development of appropriate standards for short- tern residential uses and to determine the appropriate level of review required for approval, The extension of the moratorium will be for an additional 10 months and t5 days, based on Government Code Section 55555, It is anticipated that the development and operational standards for this use will be presented to the Planning Commission within a reasonable time period in the interest of the community and its residents. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal #5, Community Health, Livability, Engagement and Sustainability, Objective #4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action,. Executive Director Planning and Building Agency VC:rb vo\ reporte1ShortTermRosiderttla [RenWla. Marator{umExtenelen 75A -2 LS 10. 15.15 ORDINANCE NO. NS -XXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA EXTENDING THE MORATORIUM ON SHORT -TERM RESIDENTIAL RENTAL USES FOR AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS PENDING STUDY AND ADOPTION OF REGULATORY AND ZONING STANDARDS 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 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 additional study be undertaken of the current provisions of Chapter 41 of the 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: Ordinance No. NS - 75A -3 Page 1 of 4 Residents living near unregulated short -term residential rentals are impacted by such uses' loud, unnecessary and unusual noises, which affect the quality of life for surrounding residents, excessive on- street parking impacts affecting the ability of residents to park their vehicles within a reasonable distance from their homes, over- occupancy of units which may pose a health and safety risk, trash and nuisance conditions, as well as traffic in and around these uses. 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. On September 15, 2015, the City Council adopted Urgency Ordinance No, NS -2886 establishing a forty -five (45) day moratorium on the establishment or expansion of short-term residential rentals in the City of Santa Ana, H. City staff continues to conduct research into the City's options for regulating short- term residential rentals. This research includes a review of many City ordinances in California that either prohibit or regulate these uses. I. 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 of 28 days or less, 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 (2/3) 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. Ordinance No. NS - Page 2 of 4 75A -4 Section 4. The City Council desires to extend the moratorium as it applies to short -term residential rentals for a period of ten (10) months and (15) days to allow staff and the City Council the opportunity to continue to research and select the best course of action for the City's citizens and the community at large. 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 201h day of October 2015. APPROVED AS TO FORM: Sonia R. Carvalho, City Attorney By: Lisa' Storck, Assistant City Attorney AYES: Councilmembers: NOES: Councilmembers: ABSTAIN: Councilmembers: NOT PRESENT: Councilmembers: Miguel A. Pulido Mayor Ordinance No. NS - _ 75A -5 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 -XXX to be the original ordinance adopted by the City Council of the City of Santa Ana on October 20, 2015. Date: Clerk of the Council City of Santa Ana Ordinance No. NS - Page 4 of 4 75A-6