ORDINANCE NO. 3331
AN ORDINANCE OF THE CITY COUNCIL of the City of Fullerton, California, Amending FULLERTON MUNICIPAL CODE TITLE 15, Section 15.55.020.F.6.d REGULATING SHORT-TERM RENTALS TO MODIFY THE APPEAL PROCESS WHEREAS, the City Council of the City of Fullerton held duly noticed public hearings, as required by law, on May 5, 2020, June 2, 2020, June 16, 2020, July 21, 2020, September 15, 2020 and October 20, 2020 to consider amendments to Fullerton Municipal Code Title 15 to develop regulations pertaining short-term rentals.
WHEREAS, City Council adopted Ordinance No. 3290 on November 2, 2020 approving amendments to Fullerton Municipal Code Titles 4 and 15 regulating short-term rental uses citywide which became effective on December 2, 2020.
WHEREAS, the Planning Commission reviewed the proposed code amendment on February 28, 2024 and recommended City Council approve a change to the appeal process.
WHEREAS, the proposed code amendments would address use of privately-owned residential dwellings as whole-home and short-term rentals and allow City Council to hear appeals.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FULLERTON ORDAINS AS FOLLOWS:
SECTION 1. City Council amends the Fullerton Municipal Code Section 15.55.020.F.6.d as follows:
d. If the Director determines that a public hearing is warranted in order gather supplemental evidence to determine whether an applicant will adequately mitigate potential adverse impacts to the public health, safety or welfare due to substantial concerns raised by neighbors, the Director shall notice a public hearing of the Planning Commission in accordance with FMC Chapter 15.76. The Planning Commission is authorized to deny, approve or conditionally approve the permit in accordance with the criteria set forth in this section. Decisions of the Planning Commission / Appeals Board may be appealed to City Council according to the procedures for appeals set forth in FMC 15.76.170.
SECTION 2. The proposed ordinance is exempt from environmental review as there is no possibility that it would have a significant effect on the environment pursuant to California Environmental Quality Act (CEQA) Section 15061(b)(3). The revised ordinance adds an appeal process whereby City Council now makes the final determination on appeals.
SECTION 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of any competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. City Council hereby declares that it would have passed this ordinance and every section, subsection, sentence, clause and phrase thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would be subsequently declared invalid or unconstitutional.
SECTION 4. The City Clerk shall certify to adoption of this Ordinance and publish in the manner required by law. This Ordinance shall become effective thirty days from and after its passage.
ADOPTED BY THE FULLERTON CITY COUNCIL ON MARCH 19, 2024. ___________________________
Nicholas Dunlap
Mayor
ATTEST:
___________________________
Lucinda Williams, MMC
City Clerk
___________________________
Date
Ordinance No. XXXX