BACKGROUND:
On March 2, 2021, Cathedral City voters approved Measure B, which upheld Ordinance No. 842, regulating short-term vacation rentals (STVRs), codified as Chapter 5.96 in the Cathedral City Municipal Code. Ordinance No. 842 regulates the number of guests, establishes noise curfews and permitting requirements for existing STVRs, and imposes a moratorium on the establishment of new STVRs and a phasing out of existing STVRs by January 1, 2023.
As currently codified, the Measure B moratorium does not apply to residential units within a common interest development, including homeowners’ associations, condominium owner associations and similar associations formed pursuant to the Davis-Stirling Common Interest Development Act.
Further, since the passage of Measure B, numerous residents have expressed public safety and general health and welfare concerns about adverse effects of STVRs in the Single-Family Residential (R1) and Multiple-Family Residential (R2) zoning districts. In addition, the City has received numerous complaints regarding excessive noise, parking, litter, disorderly conduct and concerns regarding security and public safety at STVRs in the R1 and R2 zoning districts.
During a public STVR study session as well as during public comment for a residential tentative tract map in the R1 zone held during a regularly scheduled public meeting on January 26, 2022, the City Council considered additional testimony from residents who expressed strong concerns regarding the potential establishment of additional STVRs in the R1 and R2 zoning districts.
After consideration, the City Council concluded that the potential establishment of additional STVRs in the R1 and R2 zoning districts poses a current and immediate threat to the public health, safety and welfare in the City due to negative impacts including noise, traffic, parking, trash, and crime. The City Council directed the City Attorney’s office to draft an urgency ordinance to stop the issuance of STVR permits in the R1 and R2 zoning districts under Chapter 5.96 of the Municipal Code.
Pursuant to Government Code sections 36934 and 36937, the City may adopt an ordinance that takes effect immediately if it is an ordinance for the immediate preservation of the public peace, health or safety, and is passed by a four-fifths vote of the City Council and includes a declaration of facts constituting the urgency. The recitals in the ordinance contain these facts, and Section 1 of the ordinance declares these facts to be findings.
DISCUSSION:
If adopted, the Ordinance will place an immediate indefinite stay on the issuance of new STVR permits within the Single Family Residential (R1) and Multi-Family Residential (R2) zones under Chapter 5.96 of the Municipal Code.
•The indefinite stay will apply to currently pending STVR applications in the R1 and R2 zones. The ordinance provides a mechanism for the City to provide refunds to those applicants.
•The indefinite stay will not apply to existing permitted STVRs in common interest developments within the R1 and R2 zones; however, these STVRs will not be able to renew their permits once the ordinance goes into effect. Existing permitted STVRs not located in common interest developments will still be subject to the January 1, 2023 phase out measures provided in Chapter 5.96 of the Municipal Code.
•The indefinite stay will not apply to Home Sharing as allowed under Chapter 5.96 of the Municipal Code.
•The indefinite stay will not apply to STVRs within a common interest development located in Resort Residential (RR) zoning district(s).
If adopted, this Ordinance will go into effect immediately.
ENVIRONMENTAL ANALYSIS
The Ordinance is exempt from the requirements of the California Environmental Quality Act (“CEQA”) pursuant to State CEQA Guidelines, as it is not a “project” and has no potential to result in a direct or reasonably foreseeable indirect physical change to the environment because it places a permanent stay on the issuance of permits. 14 Cal.
Code Regs. § 15378. The Ordinance is also exempt from CEQA because it is an organizational or administrative activity of governments that will not result in direct or indirect physical change in the environment. 14 Cal. Code Regs. § 15378(b)(5).