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Home My WebLink About2020-17 - Short Term RentalsORDINANCE NO. 2020-17 AN INTERIM URGENCY MEASURE (ORDINANCE) OF THE CITY COUNCIL OF THE CITY OF COSTA MESA, CALIFORNIA, PROHIBITING OR LIMITING THE OPERATION OF SHORT TERM RENTALS IN ALL ZONING DISTRICTS IN THE CITY OF COSTA MESA THE CITY COUNCIL OF THE CITY OF COSTA MESA DOES HEREBY FIND AND RESOLVE AS FOLLOWS: WHEREAS, the City of Costa Mesa, pursuant to its police power, may adopt regulations to protect the health, safety and welfare of the public, Cal. Const. art. XI, § 7, Cal. Govt. Code § 37100, and may declare what uses and conditions constitutes a public nuisance; and WHEREAS, Government Code Section 38771 authorizes the City, through its legislative body, to declare actions and activities that constitute a public nuisance; and WHEREAS, the City of Costa Mesa, pursuant to the State Planning and Zoning Law, Government Code Sections 65000, et seq, may 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 WHEREAS, this interim urgency measure ("Ordinance") regarding Short Term Rentals (STRs) as defined herein is authorized by Government Code Section 65858; and WHEREAS, the operation of STRs has the risk of negatively impacting the Goals and Objectives of the Land Use Element of the General Plan, including, but not limited to, Objective LU-1 A, Policy 1.3; Objective LU-2A; Objective LU-3A, Policy 3.1; and Objective LU-6A, Policies 6.1 and 6.17; and WHEREAS, the operation of STRs carries the risk of negatively impacting the Goals and Objectives of the Housing Element of the General Plan including but not limited to, Goal HOU-1 and the Safety Element of the General Plan including but not limited to Goal S-2, Policy S-2.1; and WHEREAS, STRs are not specifically defined in the Costa Mesa Municipal Code, actively regulated or expressly prohibited by the City, but are considered a commercial operation in a residential zone which is not permitted; and WHEREAS, there is currently a housing crisis state-wide; and WHEREAS, the use of common online marketplaces for short-term rental listings including but not limited to AirBnB, VRBO, HomeAway, FlipKey, Craigslist, smaller online marketplaces focused on specific destinations, and individual on-line listings by owners has facilitated the conversion of residential units to short term uses throughout California in general and Costa Mesa in particular; and Ordinance No. 2020-17 Page 1 of 5 WHEREAS, the marketing of housing units otherwise available for long term occupancy for transient uses, which has been facilitated by these online marketplaces, further reduces and threatens the availability of housing, including affordable housing, within the City; and WHEREAS, STRs are currently operating in the City, such that the City has also begun experiencing an increase in the number of complaints related to these operations, which complaints have included noise, vandalism, gun -related incidents including a drive - by shooting, parking violations, and disturbing the peace, and have negatively impacted local neighborhoods from these nuisance activities; and WHEREAS, there is currently a state of emergency due to the COVID-19 pandemic. This pandemic, which poses a continuing threat of infection to residents, has an incubation period of up 14 days; research demonstrates that some persons who carry the disease may be asymptomatic and pass it on to other individuals. Individuals who travel without the proper social distancing and adherence to health and safety measures can contribute to the spread of the disease, such that the un-regulated use of short-term rentals without specific health and safety safeguards will serve as a vector of the pandemic; and WHEREAS, the City requires sufficient time to study the appropriate scope of regulations to be contained in the Zoning Code and/or elsewhere in the Costa Mesa Municipal Code, in order to provide for the public health, safety and welfare, relating to short-term rentals; and WHEREAS, the City Council finds that the provisions of this interim Ordinance are consistent with the City of Costa Mesa's General Plan; and WHEREAS, this Ordinance has been reviewed for compliance with the California Environmental Quality Act (CEQA), the CEQA Guidelines, and the City's environmental procedures, and has been found to be exempt pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, in that the City Council hereby finds that it can be seen with certainty that there is no possibility that the passage of this Ordinance will have a significant effect on the environment; and WHEREAS, the City Council recognizes that there is a need to enact the restrictions contained in this Ordinance immediately to protect the public health, safety and welfare; and WHEREAS, this Ordinance will not have the effect of denying approvals needed for the development of projects with a significant component of multifamily housing; and WHEREAS, the operation of STRs within the City would be in conflict with a contemplated general plan or zoning proposal that the Planning Division of the Development Services Department intends to study within a reasonable time; and WHEREAS, all legal prerequisites prior to the adoption of this Ordinance have occurred. Ordinance No. 2020-17 Page 2 of 5 Now, therefore, THE COSTA MESA CITY COUNCIL DOES HEREBY ORDAIN AS FOLLOWS: Section 1: Recitals. The City Council finds that all the recitals, facts, findings, and conclusions set forth above in the preamble of this Ordinance are true and correct. Section 2: Findings. The City Council makes and adopts as findings the facts and conclusions set forth above in the preamble of this Ordinance and for the reasons stated in the recitals, finds that the operation of Short Term Rentals in the City constitutes a current and immediate threat to the public health, safety and welfare. The Council further finds that the approval of use permits, variances, interpretations, building permits, and/or or any other applicable entitlement for use which is required in order to comply with the City's Zoning Code, codified at Title 13 of the Costa Mesa Municipal Code, would result in these threats to public health, safety, or welfare. Section 3: Definitions. Unless defined otherwise in this section, the definitions of the Zoning Code, as may be amended, shall apply to this Ordinance; if not defined in this section or the Zoning Code, the definitions set forth elsewhere in the Costa Mesa Municipal Code, as may be amended, shall apply. Advertise means the publication or dissemination of an advertisement. Advertisement means and includes any written or verbal statement, illustration, or depiction which is calculated to induce, including any written, printed, digital, graphic, or other material, billboard, sign, or other outdoor display, public transit card, other periodical literature, publication, or in a radio or television broadcast, or in any other media. Compensation means and includes, but is not limited to, 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. Existing means in existence as of the effective date of this Ordinance. Rental, rent, rented, or renting means and includes, but is not limited to, any form of monetary or non — monetary compensation, including but not limited to money, goods, or services, as well as in -kind exchanges of goods, services, or premises, for the use or occupancy of any portion of a single family dwelling, multi -family unit, bedroom of a primary residence, accessory dwelling unit or junior accessory dwelling unit. Short Term Rental or STR means a single family dwelling, multi -family unit, bedroom of a primary residence, accessory dwelling unit or junior accessory dwelling unit within all zones that support or include residential uses, whether as a permitted use or conditionally permitted use, which is rented to one or more persons for compensation for the purpose of dwelling, lodging, occupying or hosting of an event or events for a period of thirty (30) or fewer consecutive days. "Short-term rental" encompasses such dwelling units regardless of whether the owner, permanent occupant or other person in possession and/or control of such unit is present during the rental period. Short Term Rental or STR does not include a hotel, motel, single room occupancy hotel, group home including a Ordinance No. 2020-17 Page 3 of 5 sober living home, a state -licensed residential care facility, or a boardinghouse unless that boardinghouse rents one or more rooms for compensation for a period of thirty (30) days or less. Section 4: Short Term Rentals Prohibited. The operation of any and all types of short term rentals is prohibited, and no person shall, for compensation, rent, lease, offer to rent or lease, or whether or not compensated, advertise the availability of, a short term rental in any area and/or zoning district within the City of Costa Mesa. This Ordinance shall not apply to an existing lease or agreement of a short term rental that results in occupancy of that short term rental within thirty (30) days of the effective date of this Ordinance. Section 5: Penalties. A violation of this Ordinance shall constitute a public nuisance, and is a misdemeanor, that may be enforced pursuant to the provisions of Section 13-16 and/or Chapter III of Title 20 of the Costa Mesa Municipal Code. Section 6: Compliance with CEQA. Adoption of this interim Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines because it can be seen with certainty that there is no possibility that the passage of this interim Ordinance will have a significant effect on the environment. Section 7: Inconsistencies. Any provision of the Costa Mesa Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to that extent necessary to affect the provisions of this Ordinance. Section 8: Severability. If any chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion of this Ordinance, or the application thereof to any person, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Ordinance or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, article, section, subsection, subdivision, sentence, clause, phrase, word, or portion thereof, irrespective of the fact that any one or more subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. No portion of this Ordinance shall supersede any local, state, or federal law, regulation, or codes dealing with life safety factors. Section 9: Uncodified Ordinance. This Ordinance shall not be codified in the Costa Mesa Municipal Code unless and until the City Council so ordains. Section 10: Effective Date. This Ordinance shall become effective immediately and shall remain in effect for a period of 45 days unless extended or prematurely terminated. Section 11: The City Clerk shall certify the adoption of this Ordinance and shall cause the same to be posted or published in the manner as required by law. Ordinance No. 2020-17 Page 4 of 5 APPROVED AND ADOPTED on this 10th day of November, 2020. Katrina Foley ATTEST: Zr"JA, �VOIA, Brenda Green, ity Clerk STATE OF CALIFORNIA ) COUNTY OF ORANGE ) CITY OF COSTA MESA ) ss APPROVED AS TO FORM: 1 Kimberly Rall Barlow, City Attorney I, BRENDA GREEN, CITY CLERK of the City of Costa Mesa, California, do hereby certify that the foregoing urgency ordinance was regularly introduced and adopted by the City Council of the City of Costa Mesa, California, at a regular meeting thereof held on the 10th day of November, 2020, by the following vote of the City Council: AYES: COUNCIL MEMBERS: CHAVEZ, GENIS, MANSOOR, MARR, REYNOLDS, STEPHENS, AND FOLEY NOES: COUNCIL MEMBERS: NONE ABSENT: COUNCIL MEMBERS: NONE IN WITNESS WHEREOF, I have hereby set my hand and affixed the seal of the City of Costa Mesa this 11 th day of November, 2020. ZWA& *zM--' Brenda Green, dty Clerk Ordinance No. 2020-17 Page 5 of 5