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File Number: 19-256 <br />NOW, THEREFORE, The City Council of the City of San Leandro does hereby ORDAIN <br />as follows: <br />SECTION ONE. PURPOSE AND INTENT. <br />The purpose and intent of this ordinance is to amend the San Leandro Municipal Code to prohibit <br />the non-hosted short-term rental of all or part of a residential dwelling unit. <br />SECTION TWO. REQUIRED CEQA FINDINGS FOR ADOPTING ORDINANCE. <br />The proposed amendment has been reviewed in compliance with the requirements of the <br />California Environmental Quality Act. <br />The proposed amendment is exempt from the requirements of the California Environmental <br />Quality Act (CEQA) under Section 15301 of the State CEQA Guidelines regarding existing <br />facilities, specifically operation and leasing of existing structures, and under the “general rule” at <br />Section 15061(b)(3) because it can be seen with certainty that there is no possibility that the <br />ordinance may have a significant effect on the environment. <br />SECTION THREE. ADDING CHAPTER 41 TO TITLE 4 OF THE SAN LEANDRO <br />MUNICIPAL CODE. <br />Chapter 41 of Title 4 of the San Leandro Municipal Code is hereby added to read as follows: <br />Chapter 4-41. NON-HOSTED SHORT-TERM RENTALS PROHIBITED <br />4-41-100 Purpose. <br />The purpose of this Chapter is to prohibit the non-hosted rental of all or part of a residential <br />dwelling unit for fewer than 30 days. The City finds it necessary to establish this prohibition to <br />regulate non-hosted short-term rentals of property in the interest of the public health, safety, and <br />welfare. <br />4-41-110 Non-Hosted Short-Term Rentals <br />The renting, letting, or operating of Non-Hosted Short Term Rentals in all dwelling units, <br />bedrooms, buildings, structures or properties within the City of San Leandro is prohibited. The <br />penalties for renting or operating a Non-Hosted Short Term Rental shall be as follows: <br />(a)1st Notice of Violation (NOV): Misdemeanor prosecuted by City, $1000 fine or six <br />months in jail. <br />(b)2nd violation: $1000 fine or six months in jail, declaration of a public nuisance, and <br />legal action by the City against host or property owner to enjoin illegal use of the <br />property, with pleading to include repayment of City’s attorneys’ fees and costs. <br />(c)3rd violation within a 2 year period: $1000 fine or six months in jail, and triple damages <br />for a second or subsequent civil or criminal judgment within a 2-year period, and <br />repayment of City’s attorneys’ fees and costs. City Attorney is authorized to bring <br />without City Council approval an action for punitive damages for willful violation of the <br />Code. <br />Page 2 City of San Leandro Printed on 5/14/2019