HomeMy Public PortalAboutOrd 1190ORDINANCE NO. 1190
AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF RANCHO
MIRAGE, CALIFORNIA, ESTABLISHING A MORATORIUM ON ISSUANCE OF
SHORT-TERM RENTAL CERTIFICATES THROUGHOUT THE CITY
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, the proliferation of Short -Term Rentals ("STRs") within the City has
created nuisance concerns within the City such that the City Council is currently
considering an ordinance to prohibit such uses in all zones within the City; and
WHEREAS, an increase in applications for STR certificates in advance of the
effective date of the proposed ordinance would create a significant increase in potential
nuisance, health and safety, and neighborhood quality of life impacts which would persist
well into next year, and
WHEREAS, California Government Code section 36937(b) provides that an
urgency ordinance may be adopted by the City Council for the immediate preservation of
the public peace, health or safety, and that such an ordinance may take effect immediately
upon adoption; and
WHEREAS, this urgency Ordinance is necessary to preserve the public safety,
health and welfare in that it will immediately prohibit the issuance of any new Short -Term
Rental Certificates, which will help eliminate (1) nuisance conditions that are commonly
caused by and associated with STR operations, (2) diversion of staff time and resources
to review, and process new applications, (3) increased code enforcement demands to
monitor new STR properties and enforce existing regulations; and (4) conditions that
would harm the residential character of the City's residential neighborhoods and
potentially present public health and safety concerns arising from transient commercial
uses in residential neighborhoods.
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.
1
Section 2. IMMEDIATE MORATORIUM ON ISSUANCE OF SHORT-TERM
RENTAL CERTIFICATES
Immediately upon the adoption of this Urgency Ordinance no Short -Term Rental
Certificates will be issued under Chapter 3.25 of the Rancho Mirage Municipal Code.
Section 3. ENVIRONMENTAL REVIEW
That this Ordinance is not subject to the California Environmental Quality Act
CEQA") pursuant to (1) Section 15060(c)(2) of the CEQA Guidelines (Title 14, Chapter
3 of the California Code of Regulations) because the activity will not result in a direct or
reasonable foreseeable indirect physical change in the environment, and (2) Section
15060(c)(3) of the CEQA Guidelines because the activity is not a project as defined in
Section 15378 of such CEQA Guidelines because it has no potential for resulting in
physical change to the environment, directly or indirectly.
Section 4. URGENCY FINDINGS
This Ordinance will immediately preserve the public safety, health and welfare in
that it will immediately prohibit the issuance of any new Short -Term Rental Certificates,
which will help eliminate (1) nuisance conditions that are commonly caused by and
associated with STR operations, (2) diversion of staff time and resources to review, and
process new applications, (3) increased code enforcement demands to monitor new STR
properties and enforce existing regulations, and (4) conditions that would harm the
residential character of the City's residential neighborhoods and potentially present public
health and safety concerns arising from transient commercial uses in residential
neighborhoods.
Section 5. CITY ATTORNEY REVIEW
That the City Attorney prepared and framed this Ordinance pursuant to Section
1.04.010 of the 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 Rancho Mirage Municipal Code.
Section 6. 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.
Section 7. REPEAL OF CONFLICTING PROVISIONS
That all the provisions of the Rancho Mirage Municipal Code as heretofore adopted
by the City that are in conflict with the provisions of this Ordinance are hereby repealed.
0J
Section 8. AMENDING OF BAIL SCHEDULE
That the City Attorney's Office is hereby directed to determine whether this
Ordinance necessitates amendment of the City's Bail Schedule and to cause such
necessary amendments to be made and filed with the local branches of the Superior
Court of the County of Riverside.
Section 9. EFFECTIVE DATE
This Ordinance shall take effect immediately upon its adoption if adopted by at
least four -fifths (415) vote of the City Council.
Section 10. CERTIFICATION
That the City Clerk shall certify to the passage of this Urgency Ordinance and
cause it to be published as required by law.
REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]
3
The foregoing Ordinance was approved and adopted at a meeting of the City
Council held on October 7t", 2021, by the following vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
ATTEST:
Kristie Ramos, City Clerk
APPROVED AS TO FORM:
r- Steven B.QuintaniIla, City Attorney _
CITY OF RANCHO MIRAGE
4
I
J
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. 1190 was approved and
adopted at a regular meeting of the City Council held on October 7th, 2021, by the
following vote:
AYES: Hobart, Kite, Smotrich, Townsend, Weill.
NOES: None.
ABSENT: None.
ABSTAIN: None.
further certify that I have caused Ordinance No. 1190 to be posted and/or
published, as required by law (GC Sect. 36933).
J -)'
Kristie Ramos
City Clerk
5