6369ORDINANCE NO. 6369
AN INTERIM URGENCY ORDINANCE OF THE CITY OF
ANAHEIM EXTENDING FOR ONE YEAR 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 -Term Rentals (as defined in Chapter 4.05 (Short -Term Rentals) of Title 4 (Business
Regulation) of the Anaheim Municipal Code) (the "Short -Term Rentals Ordinance") and on any
applications for renewal of Short -Term 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 -Term 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 -Term 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 -Term Rental property or a change of the agent of the owner; and
WHEREAS, on October 20, 2015, the City Council adopted Ordinance No. 6347 for the
purpose of extending the temporary 45 -day moratorium for a period of one hundred eighty-six
(18 6) days so that the interim measure would expire at 11:59 p.m. on Tuesday, May 3, 2016; and
WHEREAS, in adopting Ordinances No. 6343 and 6347, 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 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, is necessary to ensure that adequate development standards and implementation
regulations, which may include a repeal of the Short -Term Rentals Ordinance and related
1
provisions of the Anaheim Municipal Code, are in effect prior to any decision on future
applications for Short -Term 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 -Term 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, onApril 12, 2016, the City Council conducted a legally noticed public
hearing and has reviewed and considered all documents, testimony and other evidence presented,
including the written report required by subsection (d) of Section 65858 of the California
Government Code, describing the measures taken to alleviate the condition which led to the
adoption of Ordinance No. 6343; and
WHEREAS, the City Council now desires to extend all of the terms and provisions of
Ordinance No. 6343 for a period of one year so that the interim measure expires at 11:59 p.m. on
Wednesday, May 3, 2017, 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, unless terminated prior to that date; 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.
2
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 year so that the interim measure expires at 11:59 p.m. on Wednesday, May 3,
2017, unless terminated prior to that date.
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 -Term 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 -Term 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 herefrom 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.
///
T14E FOREGOING ORDINANCE was introduced at a regular meeting of the City
Council of the City of Anaheim held on the 12 day of April 2016, 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
115433/TfR
CITY OF ANAHEIM
By:
MAYOR OF THE CITY OF ANAHEIM
N
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. 6369 introduced at a regular meeting of the City Council of the City of
Anaheim, held on the 12th day of April, 2016, and that the same was duly passed and adopted as
an urgency measure on that date, by the following vote of the members thereof:
AYES: Mayor Tait and Council Members Kring, Murray, Brandman and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN: None
IN WITNESS WHEREOF, I have hereunto set my hand this 12th day of April, 2016.
— _ P17164.6 :)
CITY CLERK OF THE CIT OF ANAHEIM
(SEAL)
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. 6369 and was published in the Anaheim Bulletin on the 21St day of April,
2016.
CITY CLERK OF THE CITY OF NAHEIM
— -. ORDINANCE NO. 6369
AN INTERIM UR Y ORDINANCE OF THE CITY OF ANAHEIM EXTENDING FOR
ONE YEAR THE L. CTIVE PERIOD OF URGENCY ORDINANCE NO,6343,WHICH
r IMPOSES A MORATORIUM,WITH CERTAIN EXCEPTIONS,ON THE ISSUANCE OR
`e RENEWAL OF USE PERMITS, VARIANCES, BUILDING PERMITS, BUSINESS
1 LICENSES OR ANY OTHER ENTITLEMENTS OR PERMITS PROVIDING FOR THE
e ) USE, COMMENCEMENT, ESTABLISHMENT OR OPERATION OF SHORT-TERM
^ RENTALS WITHIN THE CITY OF ANAHEIM PURSUANT TO CALIFORNIA
GOVERNMENT CODE SECTION 65858.
.,,., V`�HEREAS,on September 15,2015,the City Council of the City of Anaheim("City Coun-
cil") Ordinance No.6343,an urgency ordinance pursuant to California Govern-
AFFIDAVIT OF PUBLICATION me Code Section 65858 for the purpose of imposing a temporary,45-day moratorium,
expfing on October 30,2015,on the commencement,establishment and/or operation of
-.no ,Short-Term Rentals(as defined in Chapter 4.05(Short-Term Rentals)of Title 4(Busk
rle i Regulation)of the Anaheim Municipal Code) (the"Short-Term Rentals Ordinance")
an on any applications for renewal of Short-Term Rental permits existing on the date of
STATE OF CALIFORNIA, ad fion of Ordinance No,6343,pending completion of the City's study of the potential
imp cts and regulation of Short-Term Rentals,and possible amendments to the City's zon-
ng prdinance and related provisions of the Anaheim Municipal Code to ensure that ade-
SS. qua e development standards and implementation regulations,which may include a repeal
of tie Short-Term Rentals Ordinance and related provisions of the Anaheim Municipal
County of Orange _Code,are in effect to protect the public peace,health,safety,and/or welfare prior to any
pr decision on future applications for Short-Term Rentals;and
WHEREAS,in adopting Ordinance No.6343,the City Council determined that the mora-
1 am a citizen of the United States and a resident torium 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 Or-
of the County aforesaid; I am over the age of dinance No.6343,and(2)a change of ownership of a Short-Term Rental property or a
change of the agent of the owner;and
eighteen years, and not a party to or interested in — WHEREAS,on October 20.2015,the City Council adopted Ordinance No.6347 for the
purpose of extending the temporary 45-day moratori m for a period of one hundred eighty-
the above entitled matter. I am the principal
six(186)days so that the interim measure would expire at 11:59 p.m.on Tuesday,May 3,
2016;and
clerk of the Anaheim Bulletin, WHEREAS,in adopting Ordinances No.6343 and 6347,the City Council found and de-
a newspaper that Glared that there is a current and immediate thre to the public peace, health, safety
and/or welfare,and that a temporary moratorium on 1)the issuance of use permits,varian-
ces,building permits,business licenses,certificates of occupancy,and any other applica-
has been adjudged to be a newspaper of general ble entitlements. and (2) the renewal of Short-Ter, Rental permits issued prior to the
adoption of Ordinance No.6343,is necessary to ensure that adequate development stand-
ards and implementation regulations,which may in�ude a repeal of the Short-Term Rent-
als Ordinance and related provisions of the Anahei Municipal Code,are in effect prior to
circulation by the Superior Court of the County
any decision on future applications for Short-Term R ntals;and
of Orange, State of California on December 28, 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
1951, Case No. A-21021 in and for the Cityof occupancy,and any other applicable entitlemen s,and (2)the renewal of Short-Term
Of Rental permits issued prior to the adoption of Ordinance No.6343,prior to the City's com-
pletion 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
Anaheim County of Orange tate Ol California' extendingthe temporary moratorium on(1)the issuance of use permits,variances,building
permits, licenses, certificates of occupancy, and any other applicable
that the notice, of which the annexed is a true
entitlements,and(2)the renewal of Short-Term Rental permits issued prior to the adoption
of Ordinance No.6343,is thus necessary;and
printed copy, has been published in each regular
WHEREAS,California Government Code Section 65858(a)provides that after notice pur-
suant 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
and entire issue of said newspaper and not in any 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
supplement thereof on the following dates, to
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
wit: WHEREAS,on April 12,2016,the City Council conducted a legally noticed public hearing
and has reviewed and considered all documents,testimony and other evidence presented,
including the written report required by subsection(d)of Section 65858 of the California
April 21,20)6 Government Code,describing the measures taken to alleviate the condition which led to
the adoption of Ordinance No.6343;and
"1 certify (or declare) and r the penalty of WHEREAS,the City Council now desires to extend all of the terms and provisions of Ordi-
nance No.6343 for a period of one year so that the interim measure expires at 11;59 p.m.
on Wednesday,May 3,2017,pending completion of the City's study of the potential im-
perjury under the laws of the tate of California pacts such uses may have on the public peace,health,safety and/or welfare,and possible
amendments to the Anaheim Municipal Code,unless terminated prior to that date;and
o
that the foregoing is true and correct": WHEREAS,the City Council finds that this Ordinance is not subject to the California Envi-
ronmental 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 CEQAnide-
Executed at Santa Ana, Orange County,
lines,California Code of Regulations,Title 14,Chapter 3,because it has no potential for re-
sulting in physical change to the environment, directly or indirectly; and it prevents
California,on 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:
Date: April 21,2016 SECTION 1. The recitals and statements of fact set forth in the preamble to this Ordi-
nance 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 extended
for a period of one year so that the interim measure expires at 11:59 p.m,on Wednesday,
May 3,2017,unless terminated prior to that date.
SECTION 3. While this Ordinance is in effect,no approvals may be made or issued by
i the City,its officers or employees for any new application for a use permit,variance,build-
ing 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-Term Rentals)of the Anaheim
Municipal Code for the use of any land within the City as a Short-Term Rental or the com-
mencement,establishment or operation of a Short-Term Rental thereon;provided,howev-
er,that this section shall not apply to(1)a change of ownership of a Short-Term Rental
Signature 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.condi-
tions and requirements of the Short-Terni Rentals Ordinance in response to pending appli-
Anaheim Bulletin cations received by the City prior to the effective date of Ordinance No.6343.
625 N. Grand Ave. SECTION 4.SEVERABILITY.
The City Council of the City of Anaheim hereby declares that should any section,para-
Santa Ana,CA 92701 graph,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
(714)796-2209 this Ordinance independent of the elimination herefrom of any such portion as may be de-
clared 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 de-
clares 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 sec-
tion,subdivision,paragraph,sentence,clause or phrase had been declared invalid or un-
I constitutional.
SECTION 5.CERTIFICATION;PUBLICATION BY CLERK.
The City Clerk shall certify to the passage of this Ordinance and shall cause this Ordi-
nance or a summary thereof to be printed once within fifteen(15)days after its adoption in
I the Anaheim Bulletin,a newspaper of general circulation,published and circulated in the
I City of Anaheim.
THE FOREGOING ORDINANCE was introduced at a regular meeting of the City Council
of the City of Anaheim held on the 12th day of April,2016,and passed and adopted as an
urgency measure on that date,by the following roll call vote,and shall be and become ef-
fective immediately:
AYES: Mayor Tait and Council Members Kring,Murray,Brandman,and Vanderbilt
NOES: None
ABSENT: None
ABSTAIN:None
CITY OF ANAHEIM
By: /s/
MAYOR OF THE CITY OF ANAHEIM
ATTEST: -
/s/__.
CITY CLERK OF THE CITY OF ANAHEIM
115433/TJR
Pi hlish:Anaheim Bulletin Awl)21.201610155857