10A Action 2018 0904 - Laserfiche WebLink

Home

File Number: 18-413 Section 2. Moratorium Extended on Non-Hosted Short-Term Rentals. In accordance with the authority granted the City of San Leandro under Article XI, Section 7 of the California Constitution and California Government Code Section 65858(a), from and after the date of this interim ordinance: Any residential property owner in the City of San Leandro whose place of domicile is not at the San Leandro property that he or she owns and seeks to rent shall be prohibited from renting such residential property, or having an intermediary rent such property, for a term of less than 30 days. Section 3. Authority; Urgency Statement. This Ordinance is an interim ordinance, adopted as an urgency measure pursuant to Government Code section 65858(a) and is for the immediate and long-term preservation of the public peace, health, and welfare. The following facts constitute the urgency of this measure: The City has recently begun the process of developing amendments to the zoning provisions contained in the San Leandro Zoning and/or Municipal Codes to protect public peace, health, and welfare within the residential communities of the City by regulating non-hosted short-term rentals of residential dwelling units. Accordingly, there is a current and immediate threat to the public health, safety, or welfare related to land uses that involve non-hosted short-term rentals of residential dwelling units. 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 non-hosted short-term rentals of residential dwelling units. Allowing non-hosted 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. Section 4. New Non-Hosted Short-Term Residential Rentals Declared Public Nuisance. Non-hosted short-term rentals of residential dwelling units established within the city limits of the City of San Leandro, during the duration of this moratorium or any extension thereof, shall be declared to be a public nuisance. Violations of this interim ordinance may be enforced by any applicable laws or ordinances, including but not limited to injunctions, or administrative or criminal penalties under the San Leandro Municipal Code. Section 5. Compliance with California Environmental Quality Act (CEQA). This Ordinance is not a “project” within the meaning of section 15378 of the State CEQA Guidelines, because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. It temporarily prevents certain physical changes in the environment pending study and potential adoption of zoning amendments or policies regulating non-hosted short-term rentals of residential dwelling units. Furthermore, this interim ordinance is categorically exempt from CEQA under CEQA Guidelines section 15308 because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending consideration of amendments to the City’s municipal codes, including its Zoning Code. Section 6. Severability. If any provision of this interim ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this interim ordinance are severable. The City Council hereby declares that it would have passed each section, Page 3 City of San Leandro Printed on 8/28/2018 235