HomeMy WebLinkAboutORD 1316INTERIM URGENCY ORDINANCE NO. 1316
AN INTERIM URGENCY ORDINANCE OF THE CITY OF PALM
DESERT, CALIFORNIA, MAKING FINDINGS AND ESTABLISHING A
TEMPORARY MORATORIUM ON THE ISSUANCE OF SHORT-TERM
RENTAL PERMITS - CASE No. 16-364
WHEREAS, the Palm Desert Municipal Code permits short-term residential
rentals subject to the requirements of Palm Desert Municipal Code Chapter 5.10, which
includes a requirement for a short-term rental permit, as well as operational
requirements and standards; and
WHEREAS, in recent years, notwithstanding steadily increasing short-term
rentals, the City has not experienced significant public nuisance complaints associated
with properties used as short-term residential rentals because the City has maintained a
rigorous short -term -rental enforcement program; and
WHEREAS, other Coachella Valley communities have experienced significant
public nuisance complaints as the density and frequency of short-term rentals has
grown, and have recently taken actions to ban or curtail short-term rentals; and
WHEREAS, there is concern that the density and frequency of short-term rentals
in Palm Desert will increase in response to limitations imposed elsewhere, which may
result in unwanted changes in the character of residential neighborhoods within the
City; and
WHEREAS, based on the foregoing, the City Council finds that issuing additional
short-term rental permits prior to the City's study and evaluation of the potential impacts
of such short-term residential rentals would pose a current and immediate threat to the
public health, safety, and welfare, and that a temporary moratorium on the issuance of
such permits is thus necessary;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Imposition of Moratorium and Findings.
A. In accordance with the authority granted to the City of Palm Desert under
Government Code Section 65858, from and after the date of this Ordinance, no new
short-term rental permit shall be approved or issued for a short-term residential rental
for a period of forty-five (45) days, except as provided below:
(1) annual renewals of existing permits shall be permitted under Section
5.10.050(B);
(2) new short-term rental permits shall be issued only to operators or
potential operators who submit to the City by February 10, 2017, clear and convincing
evidence that: (a) the residential dwelling has been used as a short-term rental on a
substantial basis within the last year; and/or (b) the operator has made substantial
INTERIM URGENCY ORDINANCE NO. 1316
investment in expectation of operating a short-term rental at the residential dwelling for
which the permit is sought; and (c) operation as a short-term rental will not be in '
violation of any CCRs or other valid restrictions governing the use of the property.
B. No new permits shall be issued pursuant to the exceptions listed above
unless the applicant (1) pays any fines and/or transient occupancy taxes owing for any
operation of a short-term rental without a short-term rental permit; and (2) certifies that
the operation of a short-term rental in the residential dwelling will not be in violation of
any CCRs or other valid restrictions governing the use of the property and that any
Home Owners Association (HOA) to which the property belongs has been notified of
the application for a short-term rental permit, a copy of which notification shall be
included with the application.
C. The City Manager or her designee shall evaluate evidence submitted by
an applicant for a short-term rental permit pursuant to the exceptions listed above. The
City Manager or City Manager's designee shall ask for any additional information
deemed appropriate and shall render a final decision as to the issuance of the permit.
There shall be no appeal.
D. This Ordinance is an interim urgency ordinance adopted pursuant to the
authority granted to the City of Palm Desert by Government Code Section 65858, and is
for the immediate preservation of the public health, safety, and welfare. The facts
constituting the urgency are: -
(1) as the density and frequency of short-term rentals have grown,
neighboring Coachella Valley cities have received an increasing number of public
nuisance complaints emanating from short-term residential rentals and have recently
taken actions to ban or limit such rentals;
(2) excessive density and frequency of short-term rentals may threaten
the character of existing residential neighborhoods;
(3) the density and frequency of short-term rentals within the City has
gradually grown over the last several years; recent limits placed elsewhere in the
Coachella Valley may cause a significant increase in applications for short-term rental
permits in the City;
(4) the City needs time to study and evaluate the potential impacts of
short-term rentals to determine the necessary regulatory requirements to ensure that
short-term rentals do not fundamentally alter the character of existing residential
neighborhoods.
E. This moratorium shall not apply to existing short-term rental permits.
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INTERIM URGENCY ORDINANCE NO. 1316
F. The City finds and declares that this moratorium is a reasonable and
necessary measure designed to protect the important public purpose of the
preservation of the public health, safety, and welfare.
SECTION 2. Compliance with California Environmental Quality Act. The
City Council finds that 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; it
prevents changes in the environment pending the completion of the contemplated study
of impacts.
SECTION 3. Severability. If any sentence, clause, or phrase of this Ordinance,
or any part thereof is for any reason held to be unconstitutional, such decision shall not
affect the validity of the remaining portion of this Ordinance or any part thereof. The City
Council hereby declares that it would have passed each sentence, clause, or phrase
thereof, irrespective of the fact that any one or more sentence, clause, or phrase be
declared unconstitutional.
SECTION 4. Effective Date. This Ordinance shall become effective immediately
upon adoption if adopted by at a least four -fifths (4/5) vote of the City Council and shall
be in effect for forty-five (45) days from the date of adoption unless extended by the
City Council as provided for in the Government Code.
SECTION 5. Notice of Adoption. The City Clerk shall certify to the adoption of
this Ordinance and cause it, or a summary of it, to be published once in a newspaper of
general circulation printed and published within the City of Palm Desert.
SECTION 6. Report. City staff is instructed to prepare
Government Code Section 65858 (d) describing the measure, --
condition that led to this Ordinance's adoption for presentation
later than ten days prior to the expiration of this Ordinance.
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the report required by
taken to alleviate the
to the City Council no
INTERIM URGENCY ORDINANCE NO. 1316
PASSED, APPROVED and ADOPTED this 12th day of January 2017, by the
City Council of the City of Palm Desert, California by the following vote, to wit:
AYES: KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
'pl- mo
.,�HARNIK, MAYOR
ATTEST:
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INTERIM URGENCY ORDINANCE NO. 1316
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE) ss.
CITY OF PALM DESERT )
CERTIFICATION FOR INTERIM URGENCY ORDINANCE NO. 1316
I, Rachelle D. Klassen, City Clerk for the City of Palm Desert, California, DO HEREBY
CERTIFY that Interim Urgency Ordinance No. 1316, the reading in full thereof
unanimously waived, was duly passed and adopted at a regular meeting of the City
Council held on the 12th day of January 2017, and said Ordinance was passed and
adopted by the following stated vote, to wit:
AYES: KELLY, NESTANDE, WEBER, and HARNIK
NOES: NONE
ABSENT: JONATHAN
ABSTAIN: NONE
and was thereafter on said day signed by the Mayor of the City of Palm Desert.
ATTEST:
APPROVED A�TO FORM:
CITY OF PALM DESERT,CHELLE D. �CA FORNITY A/ CIM)ATT RN-11101�ERT W. OYG�VES
D �_t3-eD�(-7
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