Glendora: Approved Urgency Ordinance 2054 - Short Term Rentals

Press release from the City of Glendora:

August 28, 2020

INTERIM URGENCY ORDINANCE NO. 2054

AN INTERIM URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GLENDORA, CALIFORNIA, APPROVING A CITYWIDE 45-DAY MORATORIUM PROHIBITING THE ADVERTISING AND OPERATION OF SHORT-TERM RENTALS WITHIN THE CITY OF GLENDORA AND DECLARING THE URGENCY THEREOF

THE CITY COUNCIL

City of Glendora, California

THE CITY COUNCIL OF THE CITY OF GLENDORA DOES HEREBY ORDAIN AS FOLLOWS:

SECTION 1. AUTHORITY AND EFFECT

A. The State Planning and Zoning Law (Cal. Gov’t Code §§ 65000 et seq.) broadly empowers cities to plan for and regulate the use of land in order to provide for orderly development, the public health, safety and welfare, and a balancing of property rights and the desires of the community and how its citizens envision their city.

B. This Interim Urgency Ordinance is enacted pursuant to the authority conferred upon the City Council of the City of Glendora (the “City”) by Government Code § 65858 and shall be in full force and effect immediately upon its adoption by a four-fifths (4/5) vote of the City Council of the City of Glendora as if, and to the same extent that, such ordinance had been adopted pursuant to each of the individual sections set forth herein.

SECTION 2. DEFINITIONS

The following definitions are applicable to this Interim Urgency Ordinance, unless the context clearly indicates otherwise:

A. "Advertisement" means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, internet website, platform or application, any form of television or radio broadcast or any other form of communication, whose primary purpose is to propose a transaction for a short-term vacation rental.

B. “Rental,” “rent,” “rented,” or “renting” includes, but is not limited to, rental of the property for any form of monetary or non–monetary consideration, including but not limited to money, goods, or services, as well as in-kind exchanges of goods, services, or premises.

C. “Short-term vacation rental” means a single family dwelling, multi-family unit, bedroom of a primary residence, accessory dwelling unit (Gov’t Code § 65852.2), or junior accessory dwelling unit (Gov’t Code § 65852.22) within all zones within the City of Glendora that support or include residential uses, whether as a permitted use or conditionally permitted use, which is rented to one or more guests for compensation for the purpose of lodging or hosting events for a period of thirty (30) or fewer consecutive days. “Short-term vacation rental” encompasses such dwelling units regardless of whether the owner, permanent occupant or other Responsible Party is present during the rental period. For purposes of this definition, “for compensation” includes, but is not limited to, rental of the property for any form of monetary or non–monetary consideration, including but not limited to money, goods, or services, as well as in-kind exchanges of goods, services, or premises. “Short-term vacation rental” does not include any commercial use for which a business license or other permit pursuant to Title 5 of the Glendora Municipal Code (“GMC”) has been issued prior to the effective date of this ordinance.

D. "Responsible Party" means any person(s) or entity(ies) that hold(s) legal and/or equitable title to the short-term vacation rental, including any property owner, lessee or tenant, or any agent or representative thereof, who causes or permits any violation of this ordinance. To cause or permit includes failure to correct or cause correction after receiving notice from the City of the violation.

SECTION 3. CITY COUNCIL FINDINGS

A. The City of Glendora has adopted a General Plan, including strategies to invigorate the City’s prosperous community as well as its well-planned and designed community.

B. Protection of public health, safety and welfare is fully articulated in the General Plan.

C. State law requires the City’s zoning laws, found in Title 21 of the GMC, conform with the General Plan’s goals and policies.

D. In December of 2019, an outbreak of respiratory illness due to a novel coronavirus (a disease now known as COVID-19) was first identified in Wuhan City, Hubei Province, China.

E. Since then, COVID-19 has and continues to spread globally. On March 3, 2020, Governor Newson declared the existence of a state of emergency for the State of California; and on March 11, 2020, the Director-General for the World Health Organization declared that COVID-19 can be characterized as a “pandemic.” On March 13, 2020, the President of the United States declared that the outbreak of COVID-19 in the United States constitutes a national emergency.

F. On March 18, 2020, the Glendora Director of Emergency Services (“Director”) (i.e., the City Manager, pursuant to GMC § 11.12.020.A) proclaimed a declaration of the existence of a local emergency within the City due to the threat posed to the City from COVID-19, pursuant to Government Code § 8630 and Chapter 11.12 of the GMC. On March 24, 2020, the City Council affirmed the existence of a local emergency, and confirmed and ratified the proclamation by the Director of the existence of a local emergency in response to COVID-19.

G. Since the City’s declaration of emergency, California experienced an initial period of flattening of the pandemical curve, but subsequently infections have risen dramatically. As of the middle of August 2020, the United States has over 5 million confirmed cases with approximately 50,000 to 60,000 new cases daily, and over 170,000 people have died.

H. California has passed the 600,000 cases mark, with over 11,000 deaths, and between 5,000 and 7,000 new cases reported daily. Based on the contagiousness of the disease, some states have instituted quarantines and even check-points to reduce the likelihood of new outbreaks.

I. The GMC does not currently regulate or provide an entitlement process specifically for short-term vacation rental uses. While travel and vacationing has decreased compared to previous years, the use of short-term vacation rentals are still in use and have intensified. In recent years, social media has increased exponentially the popularity and demand for short-term vacation rentals. Recently, short-term vacation rentals have become a substantial threat to the public health, safety and welfare of the City’s residents, and particularly residential neighborhoods—this is true even in the absence of the COVID-19 pandemic. It is well documented in the media and various law enforcement complaints that events hosted at short-term vacation rentals have attracted massive crowds, loud parties, littering, over-parked street conditions, openly disorderly conduct and unsafe vehicle use that have led to multiple arrests and complaints to law enforcement.

J. Exacerbating the public safety threats posed by short-term vacation rentals, the City continues to grapple with the COVID-19 pandemic and the continuing threat of infection of its residents with a potentially deadly disease that has no vaccine. COVID-19 has an incubation period of up 14 days, and researchers are finding that a number of people can carry the disease and be asymptomatic, but still pass it on to other individuals. Individuals who travel on vacation without the proper social distancing and adherence to health and safety measures can contribute to the spread of the disease, and the use of short-term vacation rentals serves as a vector of this disease.

K. City staff and the City Attorneys’ office require a period of study to determine the appropriate scope of regulations that may be developed for inclusion into the GMC, which is anticipated, among other measures, to provide for the public health, safety and welfare, relating to short-term vacation rentals.

L. The City Council finds that allowing any proliferation of short-term vacation rental uses could lead to potentially nonconforming land uses that could defeat the purpose and intent of any later adopted short-term vacation rental ordinance and pose a further threat to the public health, safety and welfare.

M. The City Council finds the GMC’s current provisions must be fully reviewed and developed to ensure the public health, welfare and safety of all persons are properly protected regarding the operation of short-term vacation rentals.

N. Based on the foregoing, it is urgent the City temporarily prohibit the advertising, use and operation of short-term vacation rentals while it undertakes a review of its current GMC provisions in order to determine whether additional regulations are needed to ensure the public health, safety, and welfare remain protected.

SECTION 4. MORATORIUM

A. Based on the foregoing, the City Council finds and declares there is a current and immediate threat to the public health, safety or welfare and upon that basis has determined an urgency ordinance pursuant to Government Code § 65858 is warranted and shall take effect immediately upon adoption by a four-fifths vote of the City Council.

B. For a period of 45 days after the date of August 27, 2020, short-term vacation rentals shall be prohibited in the City of Glendora. No responsible party shall advertise, rent, operate or allow the operation of a short-term vacation rental within the City.

C. For a period of 45 days after the date of August 27, 2020, any use or condition caused, or permitted or allowed to exist, continue or remain in violation of any provision of this ordinance shall be, and is hereby declared to be, a public nuisance. Violations of this ordinance shall be punishable by a $1,000 civil penalty pursuant to Government Code section 36901. Violations of this ordinance may be abated on an emergency basis per GMC 9.36.190, pursuant to California Code of Civil Procedure § 38773 or through any other remedy provided for by law. It shall be unlawful for any responsible party to violate any provision or to fail to comply with any of the requirements of this ordinance. In addition to any civil penalty, such a violation may be prosecuted in the name of the People of the State, redressed by civil action, or resolved by administrative remedies, or in any combination thereof. Any responsible party who violates or fails to comply with any provision of this ordinance or any provision of the GMC is guilty of a misdemeanor. In any proceeding to enforce any violation of this ordinance, the prevailing party shall be entitled to its reasonable attorney’s fees and costs. If the City is the prevailing party in any proceeding to enforce any violation of this ordinance, recovery of costs, fines, penalties, and/or attorney’s fees shall be in accordance with the GMC or as otherwise provided by law, including, but not limited to Government Code sections 38773.1, and 38773.5. Upon the second or subsequent civil or criminal judgment issued within a two-year period finding that a property owner is responsible for a nuisance condition, said property owner may be liable to triple the costs of abatement, per Government Code section 38773.7.

D. City staff is directed to study appropriate modifications to the City’s GMC regulations to reduce and mitigate negative secondary effects created by the number, frequency, location, and other impacts short-term vacation rentals may cause.

E. Pending the completion of such studies and the adoption of an ordinance to establish appropriate operational and zoning regulations, and for the immediate preservation of the public health, safety, and welfare, it is necessary for this ordinance to take effect immediately. In the absence of immediate effectiveness, short-term vacation rental uses in the City may be in conflict with regulations or requirements established with respect thereto.

F. This ordinance does not create or grant any vested rights to any person for the continued operation of any short-term vacation rental during the time of this ordinance (or an extension thereof), or after the adoption of updated regulations.

SECTION 5. CEQA.

The City Council finds this ordinance is not subject to the California Environmental Quality Act (CEQA) pursuant to Sections 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment) and 15060(c)(3) (the activity is not a project as defined in Section 15378) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because it has no potential for resulting in physical change to the environment, directly or indirectly; rather it prevents changes in the environment pending the completion of the contemplated municipal code review.

SECTION 6. RECITALS; URGENCY.

Based on the foregoing recitals, findings, and all facts of record stated before the City Council, the City Council finds and determines that the immediate preservation of the public health, safety and welfare requires that this ordinance be enacted as an urgency interim ordinance pursuant to California Government Code Section 65858(a).

SECTION 7. EFFECTIVENESS; VOTING REQUIREMENTS.

This ordinance is hereby declared to be an urgency measure and shall become effective immediately on August 27, 2020, pursuant to California Government Code § 65858, upon adoption by at least a four-fifths (4/5) vote of the City Council, and it will extend for a period of 45 days after that date, at which time it will automatically expire, unless extended by the City Council in accordance with the requirements and procedures provided for by California Government Code Section 65858.

SECTION 8. SEVERABILITY.

If any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or circumstance, is for any reason held to be invalid or unenforceable by a court of competent jurisdiction, such invalidity or unenforceability shall not affect the validity or enforceability of the remaining sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases of this ordinance, or its application to any other person or circumstance. The City Council declares that it would have adopted each section, subsection, subdivision, paragraph, sentence, clause, phrase hereof, irrespective of the fact that any one or more sections, subsections, subdivisions, paragraphs, sentences, clauses or phrases hereof be declared invalid or unenforceable.

SECTION 9. CERTIFICATION OF PASSAGE.

The City Clerk shall certify as to the passage and adoption of this urgency ordinance, and the City Clerk shall cause the same to be posted in the manner required by law.

PASSED, APPROVED and ADOPTED this 27th day of August, 2020.

City Council of Glendora, California

BY: MICHAEL ALLAWOS, Mayor

APPROVED AS TO FORM:

Aleshire & Wynder, LLP

WILLIAM W. WYNDER, City Attorney

CERTIFICATION

I, Kathleen R. Sessman, City Clerk of the City of Glendora, California, do hereby certify that the foregoing Urgency Ordinance was duly approved and adopted at a Special Meeting of the City Council on the 27th day of August, 2020, by the following roll call vote:

AYES: COUNCIL MEMBERS: Boyer, Fredendall, Thompson, Davis, and Allawos.

NOES: COUNCIL MEMBERS: None.

ABSENT: COUNCIL MEMBERS: None.

ABSTAIN: COUNCIL MEMBERS: None.

Dated: August 28, 2020

KATHLEEN R. SESSMAN

City Clerk/Communications Director

This press release was produced by the City of Glendora. The views expressed here are the author’s own.