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IN THE CITY COUNCIL OF THE CITY OF SAN LEANDRO <br />ORDINANCE NO. 2018-017 <br />AN INTERIM ORDINANCE OF THE CITY COUNCIL OF THE CITY OF SAN <br />LEANDRO ADOPTED AS AN URGENCY MEASURE, MAKING FINDINGS AND <br />EXTENDING A TEMPORARY CITY-WIDE MORATORIUM ON NON -HOSTED SHORT- <br />TERM RENTALS OF RESIDENTIAL DWELLING UNITS FOR A PERIOD OF TEN <br />MONTHS AND FIFTEEN DAYS, TO BECOME EFFECTIVE IMMEDIATELY <br />The City Council of the City of San Leandro does ORDAIN as follows: <br />WHEREAS, on July 23, 2018, the City Council adopted Ordinance 2018-015 imposing a <br />temporary moratorium on non -hosted short-term rentals for a period of 45 days, which moratorium will <br />expire on September 6, 2018 unless extended; and <br />WHEREAS, Government Code section 65858 authorizes an extension of the moratorium <br />ordinance, after a noticed public hearing, to prohibit uses of land which may conflict with a contemplated <br />general plan, specific plan or zoning proposal which the legislative body, planning commission or the <br />planning department is considering or studying or intends to study within a reasonable period of time; and <br />WHEREAS, the City of San Leandro ("City") has an overriding interest in planning and <br />regulating the use of property within the City because without stable, well-planned neighborhoods, the <br />quality of life and the character of the City can quickly deteriorate and suffer adverse social, <br />environmental, and economic conditions; <br />WHEREAS, the City Council has heard public comment at its meetings indicating that the <br />proliferation of non -hosted short-term rentals of residential dwelling units within the City adversely affects <br />the quality of life and the character of the City's residential communities; <br />WHEREAS, City of San Leandro Ordinance 2018-015 provides that a "short-term rental" is the <br />rental of a residential dwelling unit (or portion thereof) to paying occupants on a short-term basis that is <br />generally less than 30 days. A "non -hosted" short term rental is one where the host or owner is not <br />domiciled at the dwelling unit and the dwelling unit is rented out to another party; <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 and <br />immediate threat to the public health, safety, and welfare of our residential communities by adversely <br />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 difficult to <br />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 better <br />regulate non -hosted short-term rentals of residential dwelling units in order to protect the quality of life <br />and the character of the City's residential neighborhoods; <br />