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File Number: 18-368 <br />WHEREAS, the California Constitution, Article XI, section 7, provides cities with the authority to <br />enact ordinances to protect the health, safety, welfare and morals of their citizens, and zoning <br />regulations are a permissible exercise of this authority; <br />WHEREAS, Government Code section 65858 allows the City to immediately protect and preserve <br />the public peace, health, and welfare by prohibiting any uses that may be in conflict with a contemplated <br />general plan, specific plan or zoning proposal that the legislative body, planning commission or planning <br />department is considering; and <br />WHEREAS, adoption of this interim ordinance does not require review under the California <br />Environmental Quality Act (Pub. Resources, Code, §§ 21000, et seq., “CEQA”) based on the following: <br />a.This ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, <br />because adoption of a temporary moratorium has no potential for resulting in either a direct or <br />indirect physical change in the environment. <br />b.This ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA <br />Guidelines as a regulatory action taken by the City pursuant to its police power and in <br />accordance with Government Code Section 65858 to assure maintenance and protection of the <br />environment pending the evaluation and adoption of contemplated local legislation, regulation <br />and policies. <br />NOW, THEREFORE, the City Council for the City of San Leandro adopts as an interim <br />ordinance under the provisions of Government Code Section 65858 and ORDAINS as follows: <br />SECTION 1. Incorporation of Recitals. The City Council finds that the aforementioned recitals are <br />all true and correct and are incorporated herein by reference. <br />SECTION 2. Moratorium Imposed on Non-Hosted Short-Term Rentals. In accordance with the <br />authority granted the City of San Leandro under Article XI, Section 7 of the California Constitution and <br />California Government Code Section 65858, from and after the date of this interim ordinance: Any <br />residential property owner in the City of San Leandro whose place of domicile is not at the San Leandro <br />property that he or she owns and seeks to rent shall be prohibited from renting such residential <br />property, or having an intermediary rent such property, for a term of less than 30 days. <br />SECTION 3. Authority; Urgency Statement. This Ordinance is an interim ordinance, adopted as <br />an urgency measure pursuant to Government Code section 65858 and is for the immediate and <br />long-term preservation of the public peace, health, and welfare. The following facts constitute an <br />urgency measure: The City has recently begun the process of developing amendments to the zoning <br />provisions contained in the San Leandro Municipal Code to protect public peace, health, and welfare <br />within the residential communities of the City by restricting non-hosted short-term rentals of residential <br />dwelling units. Accordingly, there is a current and immediate threat to the public health, safety, or <br />welfare related to land uses that involve non-hosted short-term rentals of residential dwelling units. In <br />order to maintain comprehensive and sound land use planning, the City seeks to study possible <br />amendments to the zoning provisions of its municipal codes, use permit requirements, and other land <br />use entitlement requirements in order to regulate non-hosted short-term rentals of residential dwelling <br />units. Allowing non-hosted short-term rentals of residential dwelling units before the City has had an <br />opportunity to update its regulations, could lead to conflicts amongst various land uses and conflicts <br />with the City’s long-term planning goals. <br />SECTION 4. New Non-Hosted Short-Term Residential Rentals Declared Public Nuisance. <br />Page 2 City of San Leandro Printed on 7/17/2018