6347ORDINANCE NO. 6347
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
ANAHEIM EXTENDING FOR ONE HUNDRED EIGHTY-
SIX DAYS THE EFFECTIVE PERIOD OF URGENCY
ORDINANCE NO. 6343, WHICH IMPOSES A
MORATORIUM, WITH CERTAIN EXCEPTIONS, ON THE
ISSUANCE OR RENEWAL OF USE PERMITS,
VARIANCES, BUILDING PERMITS, BUSINESS LICENSES
OR ANY OTHER ENTITLEMENTS OR PERMITS
PROVIDING FOR THE USE, COMMENCEMENT,
ESTABLISHMENT OR OPERATION OF SHORT-TERM
RENTALS WITHIN THE CITY OF ANAHEIM PURSUANT
TO CALIFORNIA GOVERNMENT CODE SECTION 65858.
WHEREAS, on September 15, 2015, the City Council of the City of Anaheim ("City
Council") adopted Ordinance No. 6343, an urgency ordinance pursuant to California
Government Code Section 65858 for the purpose of imposing a temporary, 45 -day moratorium,
expiring on October 30, 2015, on the commencement, establishment and/or operation of new
Short -Tenn Rentals (as defined in Chapter 4.05 (Short -Term Rentals) of Title 4 (Business
Regulation) of the Anaheim Municipal Code) (the "Short -Tenn Rentals Ordinance") and on any
applications for renewal of Short -Tenn Rental permits existing on the date of adoption of
Ordinance No. 6343, pending completion of the City's study of the potential impacts and
regulation of Short -Tenn Rentals, and possible amendments to the City's zoning ordinance and
related provisions of the Anaheim Municipal Code to ensure that adequate development
standards and implementation regulations, which may include a repeal of the Short -Tenn Rentals
Ordinance and related provisions of the Anaheim Municipal Code, are in effect to protect the
public peace, health, safety, and/or welfare prior to any decision on future applications for Short -
Term Rentals; and
WHEREAS, in adopting Ordinance No. 6343, the City Council determined that the
moratorium would not apply to (1) permits that may be issued under and in compliance with the
procedures, terms, conditions and requirements of the Short -Term Rentals Ordinance in response
to pending applications that were received by the City prior to the adoption of Ordinance No.
6343, and (2) a change of ownership of a Short -Tenn Rental property or a change of the agent of
the owner; and
WHEREAS, in adopting Ordinance No. 6343, the City Council found and declared that
there is a current and immediate threat to the public peace, health, safety and/or welfare, and that
a temporary moratorium on (1) the issuance of use pen -nits, variances, building permits, business
licenses, certificates of occupancy, and any other applicable entitlements, and (2) the renewal of
Short -Tenn Rental permits issued prior to the adoption of Ordinance No. 6343, is necessary to
ensure that adequate development standards and implementation regulations, which may include
a repeal of the Short -Term Rentals Ordinance and related provisions of the Anaheim Municipal
Code, are in effect prior to any decision on future applications for Short -Tenn Rentals; and
WHEREAS, the City Council finds and declares that, with the exceptions noted above,
the (1) issuance of use permits, variances, building permits, business licenses, certificates of
occupancy, and any other applicable entitlements, and (2) the renewal of Short -Term Rental
permits issued prior to the adoption of Ordinance No. 6343, prior to the City's completion of its
study of the potential impacts and regulation of Short -Term Rentals still poses a current and
immediate threat to the public peace, health, safety, and/or welfare, and that extending the
temporary moratorium on (1) the issuance of use permits, variances, building permits, business
licenses, certificates of occupancy, and any other applicable entitlements, and (2) the renewal of
Short -Tenn Rental permits issued prior to the adoption of Ordinance No. 6343, is thus necessary;
and
WHEREAS, California Government Code Section 65858(a) provides that after notice
pursuant to Government Code Section 65090 and public hearing, the City Council may extend an
interim ordinance adopted pursuant to Government Code Section 65858 by a vote of four-fifths
(4/5) majority of the members of the City Council; and
WHEREAS, Section 511 of the City Charter provides for the adoption, as an emergency
measure, of an interim ordinance to preserve the public peace, health or safety if passed by the
affirmative vote of at least four-fifths (4/5) of the total members of the City Council; and
WHEREAS, the City Council desires to extend Ordinance No. 6343 for a period of one
hundred eighty-six (186) days so that the interim measure expires at 11:59 p.m. on Tuesday, May
3, 2016, pending completion of the City's study of the potential impacts such uses may have on
the public peace, health, safety and/or welfare, and possible amendments to the Anaheim
Municipal Code; and
WHEREAS, 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; and it prevents changes in the
environment pending the completion of the contemplated municipal code review.
THE CITY COUNCIL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS
FOLLOWS:
SECTION 1. The recitals and statements of fact set forth in the preamble to this
Ordinance are true and correct, constitute a substantive part of this Ordinance, and are
incorporated herein by this reference.
SECTION 2. All of the terms and provisions of Ordinance No. 6343 are hereby extended
for a period of one hundred eighty-six (186) days so that the interim measure expires at 11:59
p.m. on Tuesday, May 3, 2016, unless terminated prior to that date or further extended pursuant
to California Government Code Section 65858.
2
SECTION 3. While this Ordinance is in effect, no approvals may be made or issued by
the City, its officers or employees for any new application for a use permit, variance, building
permit, business license or any other applicable entitlement or permit, including any application
for renewal of a Short -Term Rental permit existing on the date Ordinance No. 6343 was adopted,
brought pursuant to Chapter 4.05 (Short -Tenn Rentals) of the Anaheim Municipal Code for the
use of any land within the City as a Short -Term Rental or the commencement, establishment or
operation of a Short -Tenn Rental thereon; provided, however, that this section shall not apply to
(1) a change of ownership of a Short -Term Rental property or a change of the agent of the
owner, as defined in Ordinance No. 6343, or (2) permits that may be issued under and in
compliance with the procedures, terms, conditions and requirements of the Short -Term Rentals
Ordinance in response to pending applications received by the City prior to the effective date of
Ordinance No. 6343.
SECTION 4. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,
paragraph, sentence, phrase, term or word of this Ordinance be declared for any reason to be
invalid, it is the intent of the City Council that it would have adopted all other portions of this
Ordinance independent of the elimination hereftom of any such portion as may be declared
invalid. If any section, subdivision, paragraph, sentence, clause or phrase of this Ordinance is
for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining portions of this Ordinance. The City Council hereby declares that it would have
passed this Ordinance, and each section, subdivision, paragraph, sentence, clause and phrase
thereof, irrespective of the fact that any one (or more) section, subdivision, paragraph, sentence,
clause or phrase had been declared invalid or unconstitutional.
SECTION 5. CERTIFICATION; PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordinance
or a summary thereof to be printed once within fifteen (15) days after its adoption in the Anaheim
Bulletin, a newspaper of general circulation, published and circulated in the City of Anaheim.
3
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 20thday of October_, 2015, and passed
and adopted as an urgency measure on that date, by the following roll call vote, and shall be and
become effective immediately:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman,
and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
ATTEST:
CITY CLERK OF THE CITY Of ANAHEIM
112506-v2/TJR
CITY OF ANA IM
By:
MAYOR OF THE CITY OF ANAHEIM
2
CLERK'S CERTIFICATE
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) ss.
CITY OF ANAHEIM )
I, LINDA ANDAL, City Clerk of the City of Anaheim, do hereby certify that the foregoing is the
original Ordinance No. 6347 and was published in the Anaheim Bulletin on the 29th day of
October, 2015.
CITY CLERK OF THE CITY OF ANAHEIM
•
AFFIDAVIT OF PUBLICATION
STATE OF CALIFORNIA, )
) SS.
County of Orange )
I am a citizen of the United States and a resident
of the County aforesaid; I am over the age of
eighteen years, and not a party to or interested in
the above -entitled matter. I am the principal
clerk of the Anaheim Bulletin, a newspaper that
has been adjudged to be a newspaper of general
circulation by the Superior Court of the County
of Orange, State of California, on December 28,
1951, Case No. A-21021 in and for the City of
Anaheim, County of Orange, State of California;
that the notice, of which the annexed is a true
printed copy, has been published in each regular
and entire issue of said newspaper and not in any
supplement thereof on the following dates, to
wit:
October 29, 2015
"I certify (or declare) under the penalty of
perjury under the laws of the State of California
that the foregoing is true and correct":
Executed at Santa Ana, Orange County,
California, on
Date: October 29, 2015
Signature
Anaheim Bulletin
625 N. Grand Ave.
Santa Ana, CA 92701
(714) 796-2209
PROOF OF PUBLICATION
�doe
wua
ORDINANCE NO. 6347
:AS. on Beotember.15, 2015, the City Council of the City of
eminent Code Section 65858.fer the purpos& Of imposing a
um, expiring on October 30, 2015, on the commencement, as
of new Short -Term Rentals (as defined in Chapter 4.05 SI
(Business Regulation) of the Anaheim Municipal Code), h,
nance") and on any applications for renewal of Short -Term F
date of adoption of Ordinance No. 6343, pending completion
a repeal of the Short -Term Hentais uramance anu reiareu p,vns,. , .., -- ••
nicipal Code, are in effect to protect the public peace, health, safety, and/or welfare prior to
any decision on future applications for Short -Term Rentals; and
WHEREAS, in adopting Ordinance No. 6343, the City Council determined that the
moratorium would not apply to (1) permits that may be issued under and in compliance
with the procedures, terms, conditions and requirements of the Short -Term Rentals Ordi-
nance in response to pending applications that were received by the My prior to the adop-
tion of Ordinance No. 6343, and (2) a change of ownership of a Short -fern Rental proper-
ty or a change of the agent of the owner; and
WHEREAS, in adopting Ordinance No. 6343, the City Council found and declared
that there is a current and immediate threat to the public peace, health, safety, and/or cv0
fare, and that a temporary moratorium on (1) the issuance of use permits, variances, build-
ing. permits, business licenses, certificates of occupancy and ' otbpr ,applicable
entitlements, and (2) the renewal of Short -Term Rental permits issued of Ta$ie adoption
of Ordinance No. 6343, is necessary to ensure that:adequate dev�ectop wont sto Idarbfs and
re _ap' H.,.-
ostione for Short -Term Re; Is; and:
j
bove, the (1) issuance of use permits, variances, w
—.en»W --
ficates of occupancy, and any other applicable entitlemen , and (2) the renewal of Short-
'erm Rental permits issued prior to the adoption of Ordinance No. 6343, prior to the City's
ompletion of its study of the potential impacts and regulation of Short -Term Rentals still
loses a current and Imipedlste threat to the public peace, health, safety, and/or welfare,
ind that extendingthe tomporgry-moratorium on '(1). the issuance of use perriits,..varien-
:as, building permits, business licenses, certificates of occupancy, and any other applies -
)Is entitlements, and (2) the renewal of Short -Term Rental permits Issued prior to the
tdoption of Ordinance No. 6343, is thus necessary; and
WHEREAS, California Government Cody Section 65858(a) provid��e that after no -
ice pursuant to Government Code Section 65090 and public heating, the Clty Council may
Wend an interim ordinance adopted pursuant to Government Code Section 65656 by a
iota of four-fifths (4/5) majority of the members of. the City Council; and
WHEREAS, Section 511 of the. City Charter provides for the adoption, as an emer-
gency measure, of an interim ordinance to preserve the public peace, health or safety If
passed by the affirmative vote of at least four-fifth$(4/5) Mild
total members of the City
Council; and
WHEREAS, the City Council desires to extend Ordinance No. 6343 for a pefiga of
one hundred eighty-six (186) days so that the interim measure expires at 11:59 p.M, on
Tuesday, May 3, 2016, pending completion of the City's studv of the potential impacts
such uses may have on the public peace, health, safety and/or. Welfare, and possible
amendments to the Anaheim Municipal Code; and
WHEREAS, the City Council finds that this Ordinance is not sdbjeat W the Califor-
nia Environmental Quality Act.(CEQA) pursuant to Sections 15060(c)(2) (t ac.�tnly.4 Wmli not
result in a direct or reasonably foreseeable indirect pphysical ofa C
and 15060(c))(3) (the activfty is not a Pro act as '0 ned in srr
Guidelines CalNcrnla Cada of gegulatlgtt ;T61� Chapter 3 (#Me nit potenthl)
for resulting in physical change:fo the envfl'onment, d; or mdi Wand It prevents
changes In the environmortt pending the Completion the p 'municipal code
review. y :.
THE ('ITY COUNO,IL OF THE CITY OF ANAHEIM DOES HEREBY ORDAIN AS IL -
LOWS:
SECTION 1. The rec'itale and statements of fad eet forth in the preamble to this Or-
dinance are true and correct, constitute a substantive part of this Ordinance, and are incor-
porated herein by. this reference.
SECTION 2. All of the terms and provisions of Ordinance No. 6343 are hereby ex-
tended for a period of one hundred eighty-s'ix Y(�,86) days so that the interim measure ex-
pires at 11:59 p.m. on Tuesday, May 3, 2016, un ass terminated prior to that date or further .
extended pursuant to Callfomia Government Code Section 65856.
SECTION 3. While this Ordinance is in effect, no approvals may be made or is-
sued byy the City, its officers or employees for any new application for a use permit, var-
iance, building permit, business license or any other applicable entitlement or permit, in-
Hiidina anv aoolication for tsnewat of a.Short-Term Rental permL existingon`ths data Ordii
nanCs NO. W114 Wae'✓:Wvpreu. "I .
the Anaheim Municipal_Code.fgrlhe� €e
or the commenceirldrik eatabliahment or
i or
applications received by,the City prior to the etrecmve acre or wamanve �`foer�•; -_. ; .
SECTION 4. SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should
pparagraph, sentence; phrase, term or word of this Qrdinance be decla tons o
be invalid, it Is the intent of the City Council that lt would have a�4,ppbad l
this Ordinance Independent of the elimination herefrom of any s15s2) poition as may be de-
clared Invalid. if any section; subdivision, paragraph, sentence; clause or phrase of this
clares that it would have passed ibis Ordinance, and each section, su division, uy-uo-
sentence, clause and ph ase thereof, irrespective of the fact that any one (or moee�rsec
tion, subdivision, paragraph, sentence, clause or phrase had been declared invalid or un-
constitutional.
SECTION 5. CERTIFICATION; PUBLICATION BYCLERK.
The City Clerk shall certify to the passage of this Ordinance and shall cause this
Ordinance or a summary thereof to be printed once within fifteen (1) days after its adop-
tion in the Anaheim Bulletin, a newspaper of general circulation, published and circulated
in the City of Anaheim.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 20th day of October, 2015, and passed and
adopted as an urgency measure on that date, by the following roll call vote, and shall be
and become effective immediately:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
CITY OF ANAHEIM
B:
MAYOR OF THE CITY OF NA.HEI
ATTEST:
CI CLERK OF THE CITY OF ANAHEIM
Pu"7iS49t Anaheim Bulletin October 29 201510103690