CITY OF POMONA
COUNCIL REPORT
February 5, 2024
To: Honorable Mayor and Members of the City Council
From: Anita D. Gutierrez, AICP, Acting City Manager
Submitted By: Anita D. Gutierrez, AICP, Acting City Manager SUBJECT: INTRODUCTION AND FIRST READING OF AN ORDINANCE AMENDING DIVISION 4 TO CHAPTER 30, ARTICLE VIII (RENTAL UNITS), OF THE CITY OF POMONA MUNICIPAL CODE PERTAINING TO SHORT-TERM RENTAL REGULATIONS RECOMMENDATION:
It is recommended that the City Council introduce, waive further, and give first reading to the following ordinance:
ORDINANCE NO. 4342 – AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF POMONA, CALIFORNIA, AMENDING DIVISION 4 OF CHAPTER 30, ARTICLE VIII (RENTAL UNITS) OF THE CITY OF POMONA MUNICIPAL CODE PERTAINING TO REGULATING SHORT-TERM RENTALS AND FINDING THE ACTION TO BE EXEMPT FROM CEQA EXECUTIVE SUMMARY:
The proposed Ordinance (Attachment No. 1) will amend the City of Pomona Municipal Code to regulate short-term rentals to address unwanted negative, secondary effects of short-term rentals, such as excessive noise, parking problems and discarded trash on surrounding properties.
FISCAL IMPACT:
In 2022, the City contracted with HDL Companies to provide Short Term Rental Administration and Reporting Software Portal. To date that has resulted in $80,000 in revenue generation from January to June of 2023 and $26,000 from July 2023 to January 2024. Revenues are expected to stay stable with the adoption of this ordinance, with no major fiscal impact to the General Fund.
PREVIOUS RELATED ACTION:
On January 3, 2023, The City Council adopted Urgency Ordinance No. 4327, adding Division 4 to Chapter 30 of Article VIII in order to regulate and address unwanted negative, secondary effects of short-term rentals.
ENVIRONMENTAL IMPACT:
The subject ordinance would be exempt from the requirements to prepare additional environmental documentation per California Environmental Quality Act (CEQA) Guidelines, Section 15061 (b)(3). This section is the “common sense exemption” that states that CEQA applies only to projects which have the potential for causing a significant effect on the environment. If the Lead Agency can determine that, there is no possibility that the activity in question may have a significant effect on the environment; the activity is not subject to CEQA. Pursuant to this section, the proposed amendment fits within the general rule that CEQA only applies to projects that have the potential for causing a significant effect on the environment. The amendments made by this ordinance do not have the potential to cause a significant effect on the environment because they authorize no new development or use. Moreover, the restrictions imposed by the amendments help ensure that the use of residential properties remains consistent with that which is contemplated by the City’s General Plan, which was subject to prior CEQA review.
DISCUSSION:
The action before the council is for the adoption of a non-urgency ordinance, which will repeal, replace, and amend the previously adopted urgency ordinance. The most significant amendment is the restriction of agents or property managers to act on the behalf of property owners. The intent of this amendment is to ensure timely responses to enforcement actions by eliminating layers of contacts between the City and the property owners responsible for managing their STRs. All other proposed amendments consist of minor cleanup language.
COUNCIL PRIORITIES & GOALS:
This item supports the 2021 City Council Priority 3 (Increased Opportunity and Housing Stability), Goal J, Encourage the development and maintenance of quality housing opportunities for all and City Council Priority 4, Goal L to Hold businesses and residents accountable for property maintenance and compliance with other City codes.
Prepared by:
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Vinny Tam, Senior Planner
Development Services Department
Attachment:
Attachment No. 1 – Ordinance No. 4342
Short -Term Rental Ordinance No. 4342