HomeMy WebLinkAboutOrdinance 639 Interim Urgency Ordinance Extending STR MoratoriumINTERIM URGENCY ORDINANCE NO. 639
AN INTERIM URGENCY ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF MORRO BAY, CALIFORNIA,
APPROVING EXTENSION OF A CITYWIDE MORATORIUM ON THE
ISSUANCE OF ANY NEW PERMIT, LICENSE, APPROVAL, OR
ENTITLEMENT PERTAINING TO A SHORT-TERM VACATION RENTAL FOR
AN ADDITIONAL TEN MONTHS AND FIFTEEN DAYS WITHIN THE CITY OF
MORRO BAY AND DECLARING THE URGENCY THEREOF AND
ESTABLISHING THE EFFECTIVE DATE AS OCTOBER 8, 2020
THE CITY COUNCIL
City of Morro Bay, California
THE CITY COUNCIL OF THE CITY OF MORRO BAY DOES HEREBY ORDAIN AS
FOLLOWS:
S ECTION 1. AUTHORITY AND EFFECT
A. The State Planning and Zoning Law (Cal. Gov't Code Sections 65000, et seq.)
broadly empowers the City to plan for and regulate the use of land in order to provide for orderly
development, the public health safety and welfare and a balancing of property rights and the
desires of the community and how its citizens envision their city.
B. This Interim Urgency Ordinance is enacted pursuant to the authority conferred
upon the City Council of the City of Morro Bay (the ' City") by Government Code Section 65858
and shall be in full force and effect on October 8, 2020, upon its adoption by a four -fifths (4/5)
vote of the City Council of the City of Morro Bay as if, and to the same extent that, such Ordinance
had been adopted pursuant to each of the individual sections set forth herein.
S ECTION 2. DEFINITIONS
The following definitions are applicable to this Interim Urgency Ordinance, unless the
context clearly indicates otherwise:
A. ' Permit" means a permit to operate a short-term vacation rental pursuant to
Chapter 5.74 of the Morro Bay Municipal Code.
B. "Short-term vacation rental" has the same meaning as Section 5.47.030, and shall
also include accessory dwelling units (Gov't Code § 65852.2) and junior accessory dwelling units
(Gov't Code § 65852 22). "Rental" includes, but is not limited to, rental of the property for any form
of monetary or non —monetary consideration including but not limited to money goods, or
services, as well as in -kind exchanges of goods, services, or premises
S ECTION 3. BACKGROUND
A. On June 14 2016, by a unanimous vote, the City Council adopted Ordinance No.
604, which effected a 45-day moratorium on the issuance of short-term vacation rentals permit
beyond a cap of 250 citywide (the "2016 Moratorium").
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B. On July 13, 2016, by a 4/5 vote, the City council adopted Ordinance No. 605,
extending the 2016 Moratorium for an additional 22 months and 15 days. The moratorium expired
in 2018.
C. On May 8, 2018, City Council adopted Ordinance 613 amending section 5.47.050
of the Morro Bay Municipal Code permanently implementing the 250 cap on the number of
✓ acation rental permits that can be effective within the City on residentially zoned property at any
o ne time.
D. Section 65858(f) of the Government Code provides that "...upon termination of a
prior interim ordinance, the legislative body may adopt another intenm ordinance pursuant to this
section provided that the new interim ordinance is adopted to protect the public safety, health,
and welfare from an event, occurrence, or set of circumstances different from the event,
o ccurrence, or set of circumstances that led to the adoption of the prior interim ordinance."
E The Interim Urgency Ordinance differs from the 2016 Moratorium. The 2016
Moratorium sought to cap the issuance of short-term vacation rental permits at 250. This Interim
Urgency Ordinance prohibits the issuance of any new short-term vacation rental permits in
anticipation of the study of and potential adoption of a new regulatory ordinance that, among other
regulations for the public health, safety and welfare provides for density limitations and separation
requirements.
F. New facts and circumstances justify the Interim Urgency Ordinance including that
in the last couple of years, the popularity of short term vacation rentals has exponentially
increased, thus bringing a much greater number of visitors to the City Since March of 2020 the
State of California has been under varying degrees of shut -downs and stay-at-home orders to
limit the spread and impact of COVID-19, as further articulated below, while visitors continue to
come to the City for recreation and tourism.
G. Based on the foregoing, the City Council, on August 25, 2020, adopted urgency
Ordinance No. 637 implementing a 45-day moratorium to prohibit the issuance of short-term
✓ acation rental permits while the City develops and approves a new short-term vacation rental
ordinance.
SECTION 4. CITY COUNCIL FINDINGS
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
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 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 Province, China.
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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
o n 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 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
e mergency 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
o utbreaks.
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
n umber 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.
0 Based on the foregoing it is urgent the City temporarily prohibit the issuance of
n ew short-term vacation rentals permits to limit the proliferation of new vacation rental permits
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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.
SECTION 5. MORATORIUM
A. 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
extension of the moratorium adopted by Ordinance No 637, pursuant to Government Code
Section 65858, is warranted and shall take effect on October 8, 2020.
B. For a period of ten months and fifteen days after the date of October 8, 2020, no
permits licenses, approvals, or entitlements may be issued or applications accepted for the
operation of any new short-term vacation rental within the City.
C. City staff is directed to continue studying 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.
D. This ordinance shall not preclude the operation of currently and validly permitted
short-term vacation rentals in full compliance with Chapter 5.47 of the MBMC and all other laws.
E This ordinance does not create or grant any vested rights to any person for the
continued operation of any short-term vacation rental during the time of this ordinance (or an
extension thereof), or after the adoption of updated regulations
S ECTION 6. 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.
S ECTION 7. Based on the foregoing recitals, findings, and all facts of record stated
before the City Council the City Council finds and determines that the immediate preservation of
the public health, safety and welfare requires that this ordinance be enacted as an urgency interim
ordinance pursuant to California Government Code Section 65858(a).
S ECTION 8. This ordinance is hereby declared to be an urgency measure and shall
become effective immediately on October 8, 2020 pursuant to California Government Code
Section 65858, upon adoption by at least a four -fifths (4/5) vote of the City Council, and it will
extend for a period of ten months and fifteen days after that date, at which time it will automatically
expire unless extended by the City Council in accordance with the requirements and procedures
provided for by California Government Code Section 65858.
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SECTION 9. The City Clerk shall certify as to the passage and adoption of this
ordinance, and the City Clerk shall cause the same to be posted in the manner required by law.
PASSED AND ADOPTED on the 22nd day of September, 2020.
ATTEST:
D A SWANSON, City Clerk
APPROVED AS TO FORM:
Chas tiP�,,��
CHRIS F. NEUMEY , Cit
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ttorney
JOHN jEA DftJa ayor
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STATE OF CALIFORNIA )
COUNTY OF SAN LUIS OBISPO )
CITY OF MORRO BAY )
I, Dana Swanson, CITY CLERK OF THE CITY OF MORRO BAY, DO HEREBY CERTIFY
that the foregoing Interim Urgency Ordinance Number 639 was duly adopted by the City Council
of the City of Morro Bay at a regular meeting of said Council on the 22nd day of September 2020,
and that it was so adopted by the following vote'
AYES Headding, Addis, Davis, Heller, McPherson
NOES. None
ABSENT: None
City Clerk, Dana Swanson
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