HomeMy WebLinkAboutReso 82-20 Vacation Rental MoratoriumRESOLUTION NO. 82-20
RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF MORRO BAY, CALIFORNIA,
ADOPTING A REPORT IDENTIFYING MEASURES TAKEN
TO ALLEVIATE THE CONDITIONS PREVIOUSLY IDENTIFIED
AND LEADING TO THE ADOPTION OF A MORATORIUM
ON THE ISSUANCE OF ANY NEW PERMIT LICENSE,
APPROVAL, OR ENTITLEMENT PERTAINING TO
SHORT-TERM VACATION RENTALS WITHIN THE
CITY (ORDINANCE NO. 637), PURSUANT TO
GOVERNMENT CODE SECTION 65858
THE CITY COUNCIL
City of Morro Bay, California
WHEREAS, On August 25, 2020, pursuant to Government Code § 65858, the City Council
adopted Urgency Ordinance No. 637 implementing a 45-day moratorium on the issuance of any
new short-term vacation rental permits, licenses, approvals, or entitlements; and
WHEREAS, Government Code § 65858(d) provides 'Ten days prior to the expiration of that
interim ordinance or any extension, the legislative body shall issue a written report describing
the measures taken to alleviate the condition which led to the adoption of the ordinance."; and
N OW, THREFORE, BE IT RESOLVED, by the City Council of the City of Morro Bay as follows:
SECTION 1. In adopting Ordinance No. 637, the City Council made certain
findings concerning the necessity of the moratorium in order to protect the public
health, safety and welfare, including as follows:
A. The City of Morro Bay 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
P lan.
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 in Chapter 5.74 of
the MBMC.
E In December of 2019, an outbreak of respiratory illness due to a novel
coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubei
P rovince, China.
F. Since then, COVID-19 has and continues to spread globally. On March 3, 2020,
Governor Newson declared the existence of a state of emergency for the State of California;
and on March 11, 2020, the Director -General for the World Health Organization declared that
COVID-19 can be characterized as a "pandemic.' On March 13 2020, the President of the
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United States declared that the outbreak of COVID-19 in the United States constitutes a
national emergency.
G. On March 14 2020, the City's Director of Emergency Services declared a local
emergency pursuant to Chapter 8.08 of the Morro Bay Municipal Code, finding that COVID-19
puts the safety of persons and property in Morro Bay in extreme peril On March 19, 2020, the
City Council adopted Resolution No 23-20, ratifying the Director of Emergency Services'
declaration of local emergency
H. Since the City's declaration of emergency, California experienced an initial period
of flattening of the curve, but subsequently infections have risen dramatically. As of the middle
of August 2020 the United States has over 5 million confirmed cases with approximately 50,000
to 60,000 new cases daily, and over 170,000 people have died.
I. California has passed the 600,000 cases mark, with over 11,000 deaths, and
between 5,000 and 7,000 new cases reported daily. Based on the contagiousness of the
disease, some states have instituted quarantines and even check -points to reduce the likelihood
of new outbreaks.
J. The City has approximately 250 permitted short term vacation rentals. While
travel and vacationing has decreased compared to previous years, short-term vacation rentals
are still in use. Additionally, in the last couple of years social media has increased exponentially
the popularity and demand for short term vacation rentals.
K. The City continues to grapple with the COVID-19 pandemic and the continuing
threat of infection of its residents with a potentially deadly disease that has no vaccine. COVID-
19 has an incubation period of up 14 days and researchers are finding that a number of people
can carry the disease and be asymptomatic, but still pass it on to other individuals. Individuals
who travel on vacation without the proper social distancing and adherence to health and safety
measures can contribute to the spread of the disease.
L. City staff is bringing forward an updated ordinance, which is anticipated to,
among other measures to provide for the public health, safety and welfare, include limitations on
short-term vacation rental density, provide for separation requirements, and provide for a limit
on the number of permits in residential zones only
M. The City Council finds that allowing any proliferation of new permits under the
current permit scheme (which among other limitations has no density limitations nor separation
requirements), obtained in a rush to avoid being subject to the new ordinance, is a threat to the
public health, safety and welfare and could lead to potentially nonconforming land uses that
could defeat the purpose and intent of a later adopted short-term vacation rental ordinance.
N. 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 short-term vacation rentals.
O. Based on the foregoing it is urgent the City temporarily prohibit the issuance of
new short term vacation rentals permits to limit the proliferation of new vacation rental permits
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.
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SECTION 2. The City Council issues, consistent with the requirements of
Government Code § 65858(d), the following written report describing measures taken
to alleviate the condition which led to adoption of Interim Urgency Ordinance No. 637:
A. The findings in Section 1 above are affirmed as true and correct.
B. City staff and community members have studied, and continue to study,
appropriate modifications to the City's short-term vacation rentals regulations to reduce and
mitigate negative secondary effects created by the number, location, and other impacts vacation
rentals can cause.
C The Office of City Manager, the City Attorney's Office and the Community
Development Department of the City of Morro Bay, in conjunction with input, feedback and
direction from a community committee of Morro Bay residents and business owners, and
consistent with the above referenced study and review, have developed a draft short-term
vacation rental ordinance which addresses concerns raised in the findings made by the City
Council on August 25, 2020 that led to the adoption of Interim Urgency Ordinance No. 637.
D. The draft short-term vacation rental ordinance has been reviewed by both the
City of Morro Bay Planning Commission and the Tourism Business Improvement District (TBID)
Advisory Board and each of those bodies has developed recommendations for revisions to the
ordinance to better protect the public health, safety and welfare of all persons as it relates to the
operation of short-term vacation rentals.
E. Review of the draft STR ordinance is scheduled for Council consideration and
introduction at the City Council meeting of September 22, 2020.
PASSED AND ADOPTED by the City of Morro Bay City Council at a regular meeting
thereof held on this 22nd day of September 2020 by the following vote:
AYES. Headding, Addis, Davis, Heller, McPh=rson
NOES. None
ABSENT: None
ATTEST:
ar-
NA SWANSON, CITY CLERK
JOH
SIDING/7
AY R
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