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File Number: 18-413 <br />or owner is not domiciled at the dwelling unit and the dwelling unit is rented out to another party; <br /> <br />WHEREAS, as reflected in the findings of Ordinance 2018-15, the City Council finds that the <br />failure to regulate non-hosted short-term rentals of residential dwelling units would pose a current <br />and immediate threat to the public health, safety, and welfare of our residential communities by <br />adversely affecting the quality of life and the character of the City’s residential communities; <br />WHEREAS, short-term rentals pose unique challenges for enforcement and tax collection <br />because precise information on their location, availability, cost, and actual occupancy rates are <br />difficult to obtain; <br />WHEREAS, the City’s Zoning Code has not expressly enabled short-term rentals; <br />WHEREAS, it is necessary for the City to consider revising the City’s zoning ordinances to <br />better regulate non-hosted short-term rentals of residential dwelling units in order to protect the <br />quality of life and the character of the City’s residential neighborhoods; <br />WHEREAS, the City proposes extending a moratorium on non-hosted short-term rentals of <br />residential dwelling units to support achievement of the City’s long-term planning goals by <br />studying and publicly vetting new legislation related to non-hosted short term rentals of residential <br />dwelling units, protecting the City’s investments in its planning efforts, and avoidance of <br />immediate threats to the public health, safety, and welfare; <br />WHEREAS, the California Constitution, Article XI, section 7, provides cities with the authority <br />to enact ordinances to protect the health, safety, and welfare of their citizens, and zoning <br />regulations are a permissible exercise of this authority; 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 <br />following: <br />a. This ordinance is not a “project” within the meaning of Section 15378 of the State CEQA <br />Guidelines, because adoption of a temporary moratorium has no potential for resulting <br />in either a direct or indirect physical change in the environment. <br />b. This ordinance is categorically exempt from CEQA pursuant to Section 15308 of the <br />CEQA Guidelines as a regulatory action taken by the City pursuant to its police power <br />and in accordance with Government Code Section 65858 to assure maintenance and <br />protection of the environment pending the evaluation and adoption of contemplated <br />local legislation, regulation 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 <br />are all true and correct and are incorporated herein by reference. <br />Page 2 City of San Leandro Printed on 8/28/2018 <br />234