O-2022-007 Ordinance STR Moratorium Extension 2022-08-02ORDINANCE NO. 0-2022-007
6MON AN EXTENDED INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PISMO BEACH, CALIFORNIA IMPOSING A MORATORIUM ON THE
ISSUANCE OF SHORT-TERM RENTAL LICENSES PURSUANT TO GOVERNMENT
CODE SECTION 65858
WHEREAS, Pismo Beach is a popular tourist destination, drawing visitors from around
the world to enjoy the Pacific Ocean, the beach, and recreational opportunities available
in and around Pismo Beach; and
WHEREAS, one of the City Council's 2022 goals is to build on the strength of the City's
local community to preserve the City's "Classic California" charm and ensure an
exceptional quality of life for residents; and
WHEREAS, the City Council recognizes the need to balance the provision of transient
lodging options other than traditional hotels and motels for visitors with the needs of
residents working in and around Pismo Beach to have affordable housing options; and
WHEREAS, like many cities on the Central Coast, the city of Pismo Beach has a shortage
of rental and for -sale housing affordable to people working in Pismo Beach and
surrounding communities; and
"w WHEREAS, Chapter 5.22 of the Pismo Beach Municipal Code currently requires
operators of short-term rentals and homestays to obtain a short-term rental license prior
to engaging in the short-term rental business and as a condition of engaging in such
business; and
L_.
WHEREAS, the City of Pismo Beach currently does not limit the number of short-term
rental or homestay licenses that may be issued, either city-wide or in any neighborhood
where such short-term rentals are allowed; and
WHEREAS, anecdotal evidence suggests that the COVID-19 pandemic has exacerbated
the housing shortage, as people have moved to Pismo Beach and the Central Coast from
more urban communities, and some housing units previously used as long-term rentals
were sold to buyers intending to occupy them on either a full-time or part-time basis; and
WHEREAS, the City has received complaints from neighbors of properties used as short-
term rentals concerning parking, noise, trash, crowding, and other issues; and
WHEREAS, it is in the interest of the City and its residents that the City undertake a
review to consider zoning, land use, and regulatory measures to limit or otherwise
regulate the number, location, and/or other aspects of short-term rental properties in
Pismo Beach; and
PAGE 1 OF 4
0-2022-007
WHEREAS, Article XI, Section 7 of the California Constitution authorizes the City to make
and enforce within its limits all local, police, sanitary, and other ordinances and regulations
not in conflict with general laws; and
WHEREAS, the City Council finds that there is a current and immediate threat to the
public health, safety, and welfare associated with the lack of long-term rental housing in
Pismo Beach, that there is a link between the prevalence of short-term rental properties
and the lack of long-term rental housing, and that the issuance of additional short-term
rental and homestay permits while the City undertakes a review and consideration of
measures to regulate short-term rentals would exacerbate the threat and diminish or
postpone the effectiveness of such measures; and
WHEREAS, California Government Code Section 65858 expressly authorizes the City
Council to adopt by four -fifths (4/5) vote, without following the procedures otherwise
required for the adoption of a zoning ordinance, an urgency ordinance that would go into
effect immediately following its passage, which is necessary for the immediate protection
of the public health, safety, and welfare; and
WHEREAS, on June 21, 2022, the City Council adopted Ordinance 0-2022-005 as an
interim urgency ordinance imposing a temporary moratorium on the issuance of short-
term rental licenses pursuant to Government Code Section 65858 to provide the City time
to study and plan its approach to short-term rentals; and
WHEREAS, since the City Council has not yet had sufficient time to consider a permanent
ordinance, the City seeks to extend a temporary moratorium on the issuance of new short-
term rental licenses pursuant to the Pismo Beach Municipal Code, in order to provide time
to study and plan its approach to these use regulations.
NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:
SECTION 1.
The foregoing recitals are adopted as findings of fact in support of this interim urgency
ordinance.
SECTION 2.
The City Council hereby places a moratorium on the issuance of new permits and directs
that no permits issue for short-term rentals and homestays under Chapter 5.22 of the
Pismo Beach Municipal Code, nor shall short-term rentals and homestays not in existence
as of the date of this ordinance be an allowed use under either Chapter 17.09 or Chapter
17.113 of the Pismo Beach Municipal Code. Nothing herein shall affect the City's authority
to deny a permit application pending as of the date that is one week before the adoption
of this ordinance, or to suspend or revoke a permit, pursuant to Section 5.22.160 of the
Pismo Beach Municipal Code, or to take action for violations as set forth in Section
17.09.100 or Section 17.113.100. The City Council hereby enacts this interim urgency
PAGE 2OF4
0-2022-007
ordinance by not less than a four -fifths vote, and in light of the findings set forth herein,
under the authority granted to it by Article XI, Section 7 of the California Constitution and
�,. Section 65858(a) of the California Government Code, which allows the City to adopt an
interim urgency ordinance in order to protect the public safety, health, and welfare,
prohibiting any uses that may be in conflict with a zoning proposal that the City Council,
Planning Commission or the Planning Department is considering or studying or intends
to study within a reasonable time:
SECTION 3.
Based upon the findings set forth in Section 1, above, this is an extended interim urgency
ordinance adopted pursuant to Government Code Section 65858. This ordinance shall
therefore take effect immediately upon adoption. This ordinance shall remain in effect for
ten months, fifteen days from the expiration date of Ordinance 0-2022-005; that is, until
June 20, 2023.
SECTION 4.
Under the provisions of the California Environmental Quality Act (CEQA) Guidelines
Section 15061 (b)(3), this ordinance is covered by the general rule that CEQA applies
only to projects which have the potential for causing a significant effect on the
environment. Where it can be seen with certainty that there is no possibility that the
activity in question may have a significant effect on the environment, such as the adoption
the regulations contained herein, the activity is not subject to CEQA.
SECTION 5.
The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the
same in the book of original ordinances of the City and shall make a minute of the passage
and adoption thereof in the records of the meeting at which the same is passed and
adopted.
Before the expiration of fifteen (15) days after the passage of this Ordinance, the City
Clerk shall cause the same to be posted in three public places within the City of Pismo
Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell
Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.
ADOPTED at a regular meeting of the City Council held this 2nd day of August, 2022, on
motion of Mayor Pro Tern Reiss, seconded by Council Member Newton, and on the
following roll call vote, to wit:
AYES:
5 Reiss, Newton, Blake, Guthrie, Waage
NOES:
0
ABSENT:
0
ABSTAIN:
0
RECUSED:
0
PAGE 3OF4
0-2022-007
Approved:
Ed aage, Mayor
APPROVED AS TO FORM:
David M. leishman, City ttorney
Attest:
rica Inderlie ity Clerk
CERTIFICATION OF ORDINANCE POSTING
Government Code �40806
STATE OF CALIFORNIA }
} ss.
COUNTY OF SAN LUIS OBISPO }
I, Erica Inderlied, the City Clerk of the City of Pismo Beach, California, hereby certify in
accordance with California Government Code Section 40806 that the foregoing
document is a true and correct copy of Ordinance No. 0-2022-007, titled AN
EXTENDED INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF PISMO BEACH, CALIFORNIA IMPOSING A MORATORIUM ON THE
ISSUANCE OF SHORT-TERM RENTAL LICENSES PURSUANT TO GOVERNMENT
CODE SECTION 65858, and that I caused the same to be duly posted in three public
places within the City within fifteen (15) days of adoption thereof, pursuant to the
requirements of California Government Code Section 36933.
Dated this 11th day of August, 2022. Witness my hand and official seal.
a Inderlied 50kClerk
PAGE 4OF4
0-2022-007