HomeMy WebLinkAboutOrdinance 604 - 45 Day Vaca Rental Moratorium1 1 1..1C• 11 •
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1)RDAIN AS FOLLOWS.
SECTI®hT le The City Council makes the following findings:
A. The City.. of Morro Bay (the "City") has adopted a General Plan, including strategies
to invigorate the City's prosperous community as well as its well -planned and
designed community.
B. Protection of public health, safety and welfare is fully articulated in the General Plan.
C. State law requires the City's zoning laws, found in Title 17 of the Morro Bay
Municipal Code ("MBMC"), conform with the General Plan's goals and policies.
D. The City currently has a process for permitting vacation rentals, as defined in MBMC
Section 5A 1.030, but without any specific regulations as to number, location or other
similar use requirements.
E. The City currently has issued 174 permits for the operation of vacation rentals within
the City, "Al estimates it may have as many as 100 more vacation rentals being
operated within the City without required permits.
F. The communities around the County have enacted stringent regulations applicable to
vacation rentals within those communities and other coastal communities within the
State have done the same to better protect the public health, safety and welfare issues
that can result from vacation rentals.
G. The City is currently processing a complete update to its General Plan and Zoning
Code, which process could include the regulation of vacation rentals but will be a 14-
18-month process.
H. The public has recently again raised concerns about the negative impact vacation
rentals can have on quality of life, access to permanent housing, single-family
neighborhoods, which were also part of the reasons other communities adopted more
stringent regulations regarding vacation rentals.
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Mai MIAMI
I. The City Council finds the continued operation of vacation rentals without specific
regulations regarding number, location and similar issues can change the character of
a neighborhood, cause blight and impact quality of life and potentially property
values, as well as compromising the public trust in its local government to ensure the
public health, welfare and safety are protected.
J. The City Council finds the MBMC's current provisions regarding vacation rentals
must be fully reviewed to ensure the public health, welfare and safety of all persons
are properly protected regarding the operation of vacation rental.
K. The City Council also finds including that review as part of the currently ongoing
update to the City's General Plan and Zoning Code is the most cost effective and
comprehensive method to be sure all interests regarding vacation rentals are
considered and served.
L. Based on the foregoing, it is urgent the City prohibit the proliferation of vacation
rentals while it undertakes a review of its current vacation rental regulations in order
to determine whether additional regulations are needed to ensure the public health,
safety, and welfare remain protected.
SECTI®1�T 2. The City Council orders as follows:
A. The findings and determinations in Section 1 are true and correct.
B. Based on the foregoing, the City Council finds and declares there is a current and
immediate threat to the public health, safety or welfare and upon that basis has
determined an urgency ordinance pursuant to Government Code Section 65858 is
warranted and shall take effect immediately upon adoption by a four -fifths vote of
the City Council.
C. For a period of 45 days after the date of June 14, 2016, no permits, licenses,
approvals, or entitlements may be issued or applications accepted for the operation
of more than 250 vacation rentals within the jurisdiction of the City.
D. For the purpose of this ordinance, vacation rentals shall have the same meaning as in
Section 5.47.030 of the MBMC.
E. City staff is directed, as part of the City's current General Plan and Zoning _Code
update, to study appropriate modifications to the City's vacation rental rules,
regulations and law to reduce and mitigate negative secondary effects created by the
number, location, and other impacts vacation rentals can causes. Pending the
completion of such studies and the adoption of an ordinance to establish appropriate
operational and zoning regulations and for the immediate preservation of the public
health, safety, and welfare, it is necessary for this ordinance to take effect
immediately. In the absence of immediate effectiveness, vacation rental uses in the
City may be in conflict with regulations or requirements established with respect
thereto.
01181.0001/298506.1
F. This ordinance shall not preclude the operation of no more than 250 lawfully
operating vacation rentals; provided, that this ordinance does not permit any person
to own, operate or maintain any vacation rental within the City without fully and
continually complying with all the requirements of Chapter 5.47 of the MBMC and
all other provisions of the MBMC.
G. This ordinance does not create or grant any vested rights to any person for the
continued operation of any vacation rental (i) during the time this ordinance is
effective or its effectiveness may be extended, as permitted by law, or (ii) that is not,
at all times, in full compliance with any new regulations that may be adopted
regarding vacation rentals as part of the process described herein.
SECTION 3. In order to protect the public health, safety and welfare it is necessary to
enact this Ordinance as an urgency measure to go into effect immediately upon its adoption, and
that to enact this Ordinance after giving notice, holding public hearings and two readings thereof,
and thereafter to await thirty days for said Ordinance to become effective, will be detrimental to
the public health, safety and welfare, in that during the interim period further vacation rentals
may be established without the benefit of proper criteria and regulations. It is, therefore,
necessary for this Ordinance to go into effect immediately upon adoption.
SECTION 4. The City Council finds this ordinance is not subject to the California
Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result
in a direct or reasonably foreseeable indirect physical change in the environment) and
15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines,
California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in
physical change to the environment, directly or indirectly; rather it prevents changes in the
environment pending the completion of the contemplated municipal code review.
SECTION 6. This ordinance is an urgency ordinance enacted under California
Government Code Section 65858(a). This urgency ordinance is effective June 14, 2016 and will
extend for a period of 45 days after that date, at which time it will automatically expire unless
extended by the City Council accordance with California Government Code Section 65858.
SECTION 7. The City Clerk, or her duly appointed deputy, shall certify to the adoption
of this Ordinance and shall cause this Ordinance to be posted as required by law.
01181.0001/298506.1
City of Morro Bay
Ordinance No. 604
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THIS URGENCY ORDINANCE NO. 604 WAS DULY PASSED, APPROVED, AND
ADOPTED at a regular meeting of the City Council of the City of Morro Bay, held on June
149 2016, by motion of Mayor Irons, seconded by Councilmember Headding, by the
following vote:
AYES:
NOES:
ABSENT:
Irons, Headding, Johnson, Makowetski, Smukler
None
ATTEST:
I" VSa d -
NA SWANSON, City Clerk
APPROVED AS TO
W.P
ONE, City Attorney
01181.0001/298506.1
I, Dana Swanson, City Clerk for the City of Morro Bay, hereby certify the foregoing Urgency
Ordinance No. 604 was duly passed, approved, and adopted at a meeting of the City Council on
the 14'h day of June, 2016, by the following vote, to wit:
AYES: Irons, Headding, Johnson, Makowetski, III VI
NOES: None
ABSTAIN: None
ABSENT: None
IN WITNESS WHEREOF I have hereunto set my hand and affixed the official seal of the
City of Morro Bay, California, this 15th day of June, 2016.
VTR <30�
City Clerk of the City of Morro Bay