HomeMy Public PortalAboutOrd 11897
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ORDINANCE NO. 1189
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE,
CALIFORNIA, AMENDING CHAPTER 17.30 "STANDARDS FOR SPECIFIC LAND
USES" OF TITLE 17 "ZONING" OF THE RANCHO MIRAGE MUNICIPAL CODE TO
PROHIBIT SHORT-TERM RENTALS THROUGHOUT THE CITY, AND REPEALING
CHAPTER 3.25 "SHORT TERM RENTALS" OF TITLE 3 "REVENUE AND FINANCE"
WHEREAS, the City of Rancho Mirage is a charter city and a political subdivision
of the State of California; and
WHEREAS, pursuant to the authority granted to the City of Rancho Mirage ("City")
by Article XI, Section 7 of the California Constitution, the City has the police power to
regulate the use of land and property within the City in a manner designed to promote
public convenience and general prosperity, as well as public health, welfare , and safety;
and
WHEREAS, it was held in Ewing v. City of Carmel -by-the-Sea, 234 Cal. App. 3d
1579 (1991) that a city ordinance prohibiting short term (less than 30 days) transient
commercial use of residential property was constitutional, as it was reasonably related to
the governmental interest in maintaining the residential character of the zoned district,
and because the diminution in plaintiffs' ownership rights were outweighed by the public
interest in maintaining residential neighborhoods; and
WHEREAS, the City has authority to generally allow, prohibit, or regulate land uses
within its borders, based on longstanding legal authority, and is expressly authorized by
Government Code section 66300 to adopt a zoning ordinance which prohibits short-term
rentals; and
WHEREAS, while the use of privately-owned residential dwellings as short-term
rentals provides the City with additional transient occupancy tax revenue, there are
significant secondary negative effects associated with the use of residential dwellings as
short-term rentals, a commercial use, in residentially-zoned neighborhoods that need to
be addressed; and
WHEREAS, Rancho Mirage Municipal Code ("RMMC") Chapter 3 .25 ("Short-Term
Rentals") regulates short-term rentals of private property in the City of Rancho Mirage,
whether or not such rentals are for vacation purposes; and
WHEREAS, City staff expends significant time on the enforcement, regulation, and
monitoring of the impacts of short-term rentals in residential districts; and
WHEREAS, the City has endeavored to allow short-term rentals with carefully
crafted regulations short of outright prohibition , but such efforts have resulted in significant
expenditure of time, money, and other scarce public resources , such that any benefits to
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the public to allow such a use are outweighed by the burden on the City to regulate the
use to avoid such negative impacts; and
WHEREAS, prohibiting short-term rentals throughout the City will be consistent
with the City's General Plan , including the preservation and maintenance of Rancho
Mirage's housing supply (which is threatened when housing used for short-term rentals
is not available for long-term housing) and the appropriate distribution of commercial uses
to preserve residential character ofthe City (prohibiting short-term rentals , a commercial
use akin to quasi-hotel operations , in residential neighborhoods will preserve the
residential character ofthe City); and
WHEREAS, considering the nature of the proposed prohibition on short-term
rentals, the likely impact on the physical environment of these minor changes to the Code
will be negligible , and the effects will be not be felt outside of the City; and
WHEREAS, this Ordinance was considered and recommended for approval by the
Planning Commission at a duly noticed public hearing held on September 9, 2021.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF RANCHO MIRAGE
DOES ORDAIN AS FOLLOWS:
Section 1. RECITALS
That the above recitals are true and correct and are incorporated as though fully
set forth herein.
Section 2. AMENDMENT OF CHAPTER 17.30 "STANDARDS FOR SPECIFIC
LAND USES" OF TITLE 17 "ZONING" OF THE RANCHO MIRAGE
MUNICIPAL CODE
Chapter 17.30 ("Standards for Specific Uses") of Title 17 ("Zoning") of the Rancho
Mirage Mun icipal Code is hereby amended to add a new Section 17.30.270 to read as
follows:
17. 30.270 Short-Term Rentals.
A. Definition -"Short-term rental" means a dwelling unit, in whole or in part, rented
for a period of twenty-seven consecutive calendar days or less, for transient
dwelling , lodging , sleeping , or special event purposes, regardless of home-
sharing or subletting arrangements. For the purposes of this section, rentals in
exchange for non-monetary forms of compensation shall also qualify a dwelling
unit as a short-term rental. Rentals of units located within City-approved hotels,
motels, time-shares , and bed and breakfasts shall not be considered short-term
rentals.
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B. Prohibition -Operation of Short-term Rentals is prohibited in every zone of the
City. Operation of a Short-Term Rental includes advertising, offering for rent,
or agreeing to rent, a Short-Term Rental, regardless of whether a person
actually occupies the Short-Term Rental. Each such action, and each day such
operation persists, is a separate violation of this section .
C. Exception -Short-Term Rental Certificates issued for 2021 shall not expire until
June 30, 2022. Certificate holders for 2021 must abide by all rules and
regulations applicable under the Code as it read at the time the Certificate was
issued , and such certificates may be revoked or suspended for any reason set
forth in the Code at the time the Certificate was issued.
D . Penalty -The City may issue an administrative citation to any occupant,
responsible party, owner(s), or the owner's authorized agent or representative,
pursuant to Chapter 14.80 (Administrative Citation and Appeal Procedures) of
this code for any violation of this section committed, caused or maintained by
any of the above parties . Each day the violation persists shall constitute a
separate violation. Unless otherwise provided herein , any person issued an
administrative citation pursuant to this chapter shall for each separate violation
be subject to the following fines: (1) an administrative fine in an amount not to
exceed five thousand dollars for the first citation ; (2) a fine in an amount not to
exceed ten thousand dollars for a second and any subsequent citation issued
for the same offense within a twelve-month period of the date of the first
offense.
Section 3. REPEAL OF CHAPTER 3.25 "SHORT-TERM RENTALS" OF
TITLE 3 "REVENUE AND FINANCE" OF THE RANCHO MIRAGE
MUNICIPAL CODE
Chapter 3.25 ("Short-Term Rentals") of Title 3 ("Revenue and Finance") of
the Rancho Mirage Municipal Code is hereby repealed in its entirety.
Section 4. MORATORIUM ON NEW SHORT TERM RENTAL
CERTIFICATE APPLICATIONS
The City will not process any applications for Short-Term Rental Certificates
which are submitted on or after the effective date of this Ordinance .
Section 5. SEVERABILITY
That the City Council declares that, should any provision , section, paragraph ,
sentence or word of this ordinance be rendered or declared invalid by any final court
action in a court of competent jurisdiction or by reason of any preemptive legislation , the
remaining provisions , sections, paragraphs , sentences or words of this ordinance as
hereby adopted shall remain in full force and effect.
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Section 6. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted
by the City of Rancho Mirage that are in conflict with the provisions of this ordinance are
hereby repealed .
Section 7. EFFECTIVE DATE
That this ordinance shall take effect thirty (30) days after its adoption.
Section 8. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this ordinance pursuant to Section
1.04.010 of the Rancho Mirage Municipal Code and finds that the City Council has the
authority to adopt this ordinance, that the ordinance is constitutionally valid and that the
ordinance is consistent with the general powers and purposes of the City as set forth in
Section 1.04 .031 of the RMMC.
Section 9. CERTIFICATION
That the City Clerk shall certify to the passage of this ordinance and shall cause
the same to be published according to law.
Section 10. CEQA
The City of Rancho Mirage, as the Lead Agency under the California
Environmental Quality Act ("CEQA") has determined that the amendments contained
within this Ordinance are not a "project" under CEQA because it does not have a potential
for resulting in either a direct physical change in the environment, or a reasonably
foreseeable indirect physical change in the environment. CEQA Guidelines § 15378.)
Furthermore , the City has determined that this Ordinance is exempt from CEQA because
it can be seen with certainty that there is no possibility that the prohibition on short-term
rentals within the City will have a significant effect on the environment. (CEQA Guidelines
15061 (b)(3).) The proposed amendments to the Municipal Code regulate uses which
will have, at most, a negligible impact on the physical environment.
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The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on October 21st, 2021 , by the following vote :
AYES:
NOES:
Hobart, Kite, Smotrich , Townsend , Weill.
None.
ABSENT: None.
ABSTAIN: None.
CITY OF RANCHO MIRAGE:
Lt-"'-'M'--a=:o-r ______ _
ATTEST:
Kristie Ramos , City Clerk
APPROVED AS TO FORM :
f <I' -Steven B. Quintanilla, City Attorney
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ORDINANCE CERTIFICATION
STATE OF CALIFORNIA)
COUNTY OF RIVERSIDE )
CITY OF RANCHO MIRAGE )
I, Kristie Ramos, City Clerk of the City of Rancho Mirage, California, do hereby
certify under penalty of perjury, that the foregoing Ordinance No. 1189 was introduced
by first reading at a regular meeting of the City Council held on October 7th , 2021, by
the following vote :
AYES:
NOES:
ABSENT:
ABSTAIN :
Hobart , Kite, Smotrich , Townsend , Weill.
None .
None.
None .
Ordinance No. 1189 was adopted at a regular meeting of the City Council held
on October 21 st, 2021, by the following vote :
AYES:
NOES:
ABSENT:
ABSTAIN:
Hobart, Kite, Smotrich, Townsend , Weill.
None.
None.
None.
I furthe r certify that I have caused Ordinance No . 1189 to be posted and/or
published, as required by law (GC Sect. 36933).
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Kristie Ramos
City Clerk