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An Interim ORDINANCE of the City Council of the City of San Leandro Adopted as an Urgency Measure, Making Findings and Establishing a City-Wide Moratorium on Non-Hosted Short-Term Rentals of Residential Dwelling Units
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WHEREAS, the City of San Leandro (“City”) has an overriding interest in planning and regulating the use of property within the City because without stable, well-planned neighborhoods, the quality of life and the character of the City can quickly deteriorate and suffer adverse social, environmental, and economic conditions;
WHEREAS, the City Council has heard public comment at its meetings indicating that the proliferation of non-hosted short-term rentals of residential dwelling units within the City adversely affects the quality of life and the character of the City’s residential communities;
WHEREAS, the City Council finds that the failure to regulate non-hosted short-term rentals of residential dwelling units, would pose a current and immediate threat to the public health, safety, and welfare of our residential communities by adversely affecting the quality of life and the character of the City’s residential communities;
WHEREAS, short-term rentals pose unique challenges for enforcement and tax collection because precise information on their location, availability, cost, and actual occupancy rates are difficult to obtain;
WHEREAS, the City’s Zoning Code has not expressly enabled short-term rentals;
WHEREAS, it is necessary for the City to consider revising the City’s zoning ordinances to better regulate non-hosted short-term rentals of residential dwelling units in order to protect the quality of life and the character of the City’s residential neighborhoods;
WHEREAS, the City proposes adopting a moratorium on non-hosted short-term rentals of residential dwelling units to support achievement of the City’s long-term planning goals, protecting the City’s investments in its planning efforts, and avoidance of immediate threats to the public health, safety, and welfare;
WHEREAS, the California Constitution, Article XI, section 7, provides cities with the authority to enact ordinances to protect the health, safety, welfare and morals of their citizens, and zoning regulations are a permissible exercise of this authority;
WHEREAS, Government Code section 65858 allows the City to immediately protect and preserve the public peace, health, and welfare by prohibiting any uses that may be in conflict with a contemplated general plan, specific plan or zoning proposal that the legislative body, planning commission or planning department is considering; and
WHEREAS, adoption of this interim ordinance does not require review under the California Environmental Quality Act (Pub. Resources, Code, §§ 21000, et seq., “CEQA”) based on the following:
a. This ordinance is not a “project” within the meaning of Section 15378 of the State CEQA Guidelines, because adoption of a temporary moratorium has no potential for resulting in either a direct or indirect physical change in the environment.
b. This ordinance is categorically exempt from CEQA pursuant to Section 15308 of the CEQA Guidelines as a regulatory action taken by the City pursuant to its police power and in accordance with Government Code Section 65858 to assure maintenance and protection of the environment pending the evaluation and adoption of contemplated local legislation, regulation and policies.
NOW, THEREFORE, the City Council for the City of San Leandro adopts as an interim ordinance under the provisions of Government Code Section 65858 and ORDAINS as follows:
SECTION 1. Incorporation of Recitals. The City Council finds that the aforementioned recitals are all true and correct and are incorporated herein by reference.
SECTION 2. Moratorium Imposed on Non-Hosted Short-Term Rentals. In accordance with the authority granted the City of San Leandro under Article XI, Section 7 of the California Constitution and California Government Code Section 65858, from and after the date of this interim ordinance: Any residential property owner in the City of San Leandro whose place of domicile is not at the San Leandro property that he or she owns and seeks to rent shall be prohibited from renting such residential property, or having an intermediary rent such property, for a term of less than 30 days.
SECTION 3. Authority; Urgency Statement. This Ordinance is an interim ordinance, adopted as an urgency measure pursuant to Government Code section 65858 and is for the immediate and long-term preservation of the public peace, health, and welfare. The following facts constitute an urgency measure: The City has recently begun the process of developing amendments to the zoning provisions contained in the San Leandro Municipal Code to protect public peace, health, and welfare within the residential communities of the City by restricting non-hosted short-term rentals of residential dwelling units. Accordingly, there is a current and immediate threat to the public health, safety, or welfare related to land uses that involve non-hosted short-term rentals of residential dwelling units. In order to maintain comprehensive and sound land use planning, the City seeks to study possible amendments to the zoning provisions of its municipal codes, use permit requirements, and other land use entitlement requirements in order to regulate non-hosted short-term rentals of residential dwelling units. Allowing non-hosted short-term rentals of residential dwelling units before the City has had an opportunity to update its regulations, could lead to conflicts amongst various land uses and conflicts with the City’s long-term planning goals.
SECTION 4. New Non-Hosted Short-Term Residential Rentals Declared Public Nuisance. Non-hosted short-term rentals of residential dwelling units established within the city limits of the City of San Leandro, during the duration of this moratorium or any extension thereof, shall be declared to be a public nuisance. Violations of this interim ordinance may be enforced by any applicable laws or ordinances, including but not limited to injunctions, or administrative or criminal penalties under the San Leandro Municipal Code.
SECTION 5. Compliance with California Environmental Quality Act (CEQA). This Ordinance is not a “project” within the meaning of section 15378 of the State CEQA Guidelines, because it has no potential for resulting in a direct or reasonably foreseeable indirect physical change in the environment. It temporarily prevents certain physical changes in the environment pending study and potential adoption of zoning amendments or policies regulating non-hosted short-term rentals of residential dwelling units. Furthermore, this interim ordinance is categorically exempt from CEQA under CEQA Guidelines section 15308 because it is a regulatory action taken by the City, in accordance with Government Code section 65858, to assure maintenance and protection of the environment pending consideration of amendments to the City’s municipal codes, including its Zoning Code.
SECTION 6. Severability. If any provision of this interim ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the ordinance, including the application of such part or provision to other persons or circumstances shall not be affected thereby and shall continue in full force and effect. To this end, provisions of this interim ordinance are severable. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause, or phrase hereof irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses, or phrases be held unconstitutional, invalid, or unenforceable.
SECTION 7. Effective Date. This Ordinance shall become effective immediately upon adoption, if adopted by at least four-fifths vote of the City Council. It shall be in effect for forty-five (45) days from and after the date of adoption, unless extended by the City Council as provided for in Government Code section 65858.
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