HomeMy WebLinkAboutORD 1333INTERIM URGENCY ORDINANCE NO. 1333
AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PALM DESERT, CALIFORNIA, MAKING FINDINGS AND
EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF
SHORT-TERM RENTAL PERMITS ONLY IN R-1 AND R-2 ZONES FOR
UPTO AN ADDITIONAL YEAR
CASE NO: ZOA 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, steadily increasing short-term rentals within the City
have generated significant public nuisance complaints associated with properties used
as short-term residential rentals, particularly in the R-1 and R-2 zones, notwithstanding
that the City has maintained a rigorous short -term -rental enforcement program ; and
WHEREAS, other communities in the Coachella Valley 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, based on the concern that the density and frequency of short-term
rentals in Palm Desert would increase in response to limitations imposed elsewhere,
which might result in unwanted changes in the character of residential neighborhoods
within the City, on January 12, 2017, the City Council adopted Interim Urgency
Ordinance No. 1316 finding that issuing additional short-term rental permits, prior to the
City's completion of a study of the potential impact of such short-term residential
rentals, would pose a current and immediate threat to the public health, safety, and
welfare, and imposing a 45-day temporary moratorium on the issuance of such permits;
and
WHEREAS, on February 23, 2017, the City Council extended the moratorium an
additional 10 months and 15 days (until January 10, 2018) to allow the City to complete
studies regarding short-term rentals and prepare proposed updates to the City's
Municipal Code.
WHEREAS, the City studied the issues related to short-term rentals, and
prepared and submitted a report describing the measurers taken to date to alleviate the
conditions which led to the adoption of Interim Urgency Ordinance No. 1316, ; and
WHEREAS, at successive meetings on October 26, November 16 and
December 14, 2017, the city council heard public testimony and considered changes to
the Municipal Code to address impacts on residential neighborhoods;
INTERIM URGENCY ORDINANCE NO. 1333
WHEREAS, on December 14, 2017, the City Council adopted Ordinance
No.1332, which, when effective on January 13, 2018, provides for increased
enforcement and eliminates certain new short term rental permits in R-1 and R-2 zones
and eliminates certain existing short term rentals as of December 31, 2019, subject to
extensions in specified circumstances;
WHEREAS, the current moratorium will expire January 10, 2018, before
Ordinance No. 1332 will become effective; and
WHEREAS, Government Code Section 65858(a) allows the City Council to
extend an interim moratorium ordinance based on immediate threats to public health,
safety, and welfare; and
WHEREAS, as a result, the City Council desires to extend the current
moratorium until such time as successor Ordinance becomes effective that regulates
short term rentals in R-1 and R-2 zones, for a period not to exceed on year. This
moratorium extension will only apply to the issuance of new short term rental permits in
the R-1 and R-2 zones.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PALM DESERT,
CALIFORNIA, DOES ORDAIN AS FOLLOWS:
SECTION 1. Extension 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 permits shall be approved or issued for a short-term residential rental
only in R-1 and R-2 zones until such time as a successor Ordinance becomes effective
that regulates short term rentals in R-1 and R-2 zones, for a period not to exceed one
year, except as provided below:
(1) annual renewals of existing permits shall be permitted under Section
5.10.050(B);
B. 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 density and frequency of short-term rentals have grown,
neighboring cities in the Coachella Valley have received an increasing number of public
nuisance complaints emanating from those short-term residential rentals and have
recently taken actions to ban or limit short-term rentals;
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INTERIM URGENCY ORDINANCE NO. 1333
(2) excessive density and frequency of short-term rentals threaten the
character of existing residential neighborhoods, particularly in R-1 and R-2 zones;
(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 more time to implement the necessary regulatory
requirements to ensure that short-term rentals do fundamentally alter the character of
existing residential neighborhoods.
C. This moratorium shall not apply to existing short-term rental permits.
D. 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 until a successor Ordinance becomes effective that regulates short term
rentals in R-1 and R-2 zones, but not longer than January 10, 2019.
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.
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INTERIM URGENCY ORDINANCE NO. 1333
PASSED, APPROVED and ADOPTED this 14thday of December, 2017, by the
City Council of the City of Palm Desert, California, by the following vote, to wit:
AYES
NOES
ABSENT
ABSTAIN
ATTEST:
HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN
NONE
NONE
NONE
GRA E L. ROCHA, ACTING CITY CLERK
CITY OF PALM D SERT, CALIFORNIA
STATE OF CALIFORNIA )
COUNTY OF RIVERSIDE )ss.
CITY OF PALM DESERT )
CERTIFICATION FOR INTERIM URGENCY ORDINANCE NO. 1333
I, Grace L. Rocha, Acting City Clerk for the City of Palm Desert, California, DO
HEREBY CERTIFY that Interim Urgency Ordinance No. 1333, the reading in full thereof
unanimously waived, was duly passed and adopted at a regular meeting of the City
Council held on the 14th day of December 2017, and said Ordinance was passed and
adopted by the following stated vote, to wit:
AYES:
HARNIK, KELLY, NESTANDE, WEBER, and JONATHAN
NOES:
NONE
ABSENT:
NONE
ABSTAIN:
NONE
and was thereafter on said day signed by the Mayor of the City of Palm Desert,
ATTEST:
GRACE L. ROCHA, ACTING CITY CLERK -
CITY OF PALM DESERT, CALIFORNIA �
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APPROVED'AS TO FORM:
A'
GREAVES
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