CITY OF OJAI ORDINANCE NO. 857 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF OJAI EXTENDING A TEMPORARY MORATORIUM ON THE ISSUANCE OF CONDITIOUAL USE PERMITS FOR TRANSIENT RENTALS IN RESIDENTIAL ZONES IN THE CITY OF OJAI AND DECLARING THE URGENCY THEREOF THE CITY COUNCIL OF THE CITY OF OlAI FINDS AS FOLLOWS: A. Government Code Section 65858, a provision of the State Planning and Zoning Law, authorizes an interim, urgency zoning ordinance to prevent development which may be inconsistent with a plan under development-such as the City's ongoing planning process to study potential regulatory activities and legislative amendments to minimize the adverse privacy, safety, welfare and health effects of fences, walls, hedges and screening and to ensure the protection of the public's health, safety, and welfare. B. On March 24, 2015 the City Council adopted Ordinance No. 854, an urgency ordinance imposing a temporary moratorium prohibiting for forty-five (45) days the issuance of conditional use permits, land use entitlement or any other permit or license of whatever type or nature or other approval, for transient rentals or bed and breakfast inns within residential zones in the City of Ojai.

C. Ordinance No. 854 would have expired on its own terms on May 8, 2015. D. As directed by the City Council on March 24, 2015, staff has commenced a review of the zoning and development codes to identify possible regulatory approaches and amendments to the City's Municipal and Zoning Code, in compliance with the General Plan, related to regulation of transient rentals. Staff needs additional time to develop the proposed regulations and legislative amendments and have the regulations and legislative amendments reviewed by the Planning Commission, where required, prior to considered by the City Council. E. On April 28, 2015, the City Council conducted a properly noticed public hearing in

accordance with Government Code section 65090 and has duly considered all written and verbal testimony during the hearing. F. The City has adopted property development standards pursuant to its police powers to protect the public health, safety and welfare. Section 10-2.402 of the Ojai Municipal Code currently governs the City's regulation of uses within residential zones. G. There are many unpermitted transient rentals currently being advertised online and in other ways, and the regulations needed to protect the public health and safety have not yet been adopted. Based on this situation, the City Council has determined that there is a need to develop new standards which take into consideration the impacts of transient rentals on residential neighborhoods.

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1. As the first steps in alleviating the impacts on the City caused by unpermitted transient rentals, the City has initiated the process of developing proposed regulations and legislative amendments intended to address these impacts by holding a series of focus groups to review the issues associated with transient rentals and is contemplating a community workshop, and by initiating a study of short-term rental regulations employed in comparable cities, and 2. The City Council determines, based upon the specific legislative findings contained herein, that the current and immediate threat to public health, safety and welfare within the meaning of Government Code section 65858, as described in the findings herein, and as set forth in Ordinance No. 853 still exists because, without this urgency ordinance, new transient rentals could impact the character of residential neighborhoods by replacing year-around residents with short-term visitors who are not connected to the community, and 3. Potentially impact traffic flows if the number of vehicles used by transient renters of a multi-room house is greater than that generated by year-around residents, and 4. Result in noise and disruption because regulations controlling these matters have not yet been developed and put in place; and 5. Create health and safety issues inside the residences rented on a transient rental basis because regulations providing standards and inspection for safety features have not been developed and implemented; and 6. Remove needed rental housing from the housing market. H. As a result of these deficiencies and uncertainties the City Council has determined that the existing temporary moratorium prohibiting issuance of conditional use permits, land use entitlement or any other permit or license of whatever type or nature or other approval, for transient rentals or bed and breakfast inns within residential zones in the City of Ojai shall be extended to allow further regulatory and legislative activities to proceed for another ten months and fifteen days unless sooner terminated if the City Council determines that the safety, welfare and health effects of transient rentals in residential zones have been adequately addressed. This additional ten month and fifteen day extension of the moratorium will provide sufficient time for the City and City Council to complete a comprehensive planning process, including potential regulatory activities and legislative amendments, to address the impacts to public safety, health, and welfare identified above. 1. All of those findings set out in Ordinance No. 854 are hereby restated and readopted. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF OlAI CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS:

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SECTION 1. Adoption as Urgency Interim Building and Construction Ordinance. This ordinance is adopted as an urgency interim ordinance pursuant to Government Code Sections 36934, 36937 and 65858, subdivision (a), and shall be effective immediately upon its adoption. As detailed in the findings set forth above, the City Council finds and determines that the adoption of this urgency ordinance is necessary for the immediate preservation of the public peace, health or safety pursuant to the Government Code sections 36934 and 36937, and is necessary to protect the public safety, health, and welfare pursuant to Government Code section 65858, subdivision (a). SECTION 2. Moratorium Extension. Pursuant to the provisions of Government Code section 65858, subdivision (a), the City of Ojai hereby extends for an additional ten (10) months and fifteen (15) days, the interim moratorium prohibiting the issuance of conditional use permits, land use entitlement or any other permit or license of whatever type or nature or other approval, for transient rentals or bed and breakfast inns within residential zones in the City of Ojai, adopted by Ordinance No. 854, unless the City Council terminates this prohibition earlier. SECTION 3. Violations. Violations of the Moratorium may be charged as infractions or misdemeanors as set forth in Section 1-2.03 of the Ojai Municipal Code. In addition, violations shall be deemed public nuisances, with enforcement by injunction or any other remedy authorized by law. SECTION 4. Enforcement. The Ojai City Manager is hereby authorized to direct all City Departments to facilitate compliance with the purpose and intent of this Ordinance using the enforcement powers described in the preceding paragraph. SECTION 5. Exception. The provisions of this ordinance shall not apply to any person who can demonstrate that the application of this ordinance to his or her property would constitute a taking in violation of the federal or California Constitution or would otherwise be unlawful, an exception to this moratorium can be made pursuant to a variance approved by the City Council under Section 17.40.020 ofthe Ojai Municipal Code. SECTION 6. CEQA Finding. The City Council hereby finds that it can be seen with certainty that there is no possibility the adoption of this Ordinance, and extension of a moratorium hereby, may have a significant effect on the environment, because the moratorium will prohibit certain types of development and thus maintain the current environmental conditions arising from the current land use regulatory structure. It is therefore exempt from California Environmental Quality Act review pursuant to Title 14, Section 15061 (b)(3) of the California Code of Regulations. SECTION 7. Severability. If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held to be invalid or unconstitutional by the final decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council declares that it would have adopted this Ordinance, and each section, subsection, sentence, clause, phrase or portion thereof, irrespective of the fact that anyone or more sections, subsections, phrases or portions might be declared invalid or unconstitutional.

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SECTION 8. Certification. The City Clerk shall cause this Ordinance to be published once, within fifteen (15) calendar days after its passage, in the Ojai Valley News, a newspaper of general circulation, printed, published and circulated in the City, and shall cause a copy of this Ordinance and its certification, together with proof of publication, to be entered in the Book of Ordinances of the City. SECTION 9. Findings Incorporated. In adopting this ordinance, the City Council has considered and hereby incorporates the findings set forth above as well as all evidence submitted at the time of consideration hereof. SECTION 10. Effective Date. This Ordinance is adopted by a 4/5 vote of the City Council and shall take effect immediately upon its adoption as provided by Government Code Sections 36937 and 65858, and shall be of no further force at 11:59 p.m. on March 23,2016, unless extended or terminated by further action of the City Council.

ATTEST:

Rhonda K. Basore, City Clerk

APPROVED AS TO FORM:

Scott Howard, Interim City Attorney

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STATE OF CALIFORNIA

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COUNTY OF VENTURA

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CITY OF OlAI

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I, Rhonda K. Basore, City Clerk of the City of Ojai do hereby certify that the foregoing Ordinance was introduced and adopted at a regular meeting of the City Council of the City of Ojai held on April 28, 2015 by the following vote: AYES: Blatz, Clapp, Haney, Lara, Weirick NOES: None ABSTAIN: None ABSENT: None

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Rhonda K. Basore City Clerk for the City of Ojai

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