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<br />Ordinance No. NS-XXX
<br />Page 3 of 7
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<br />(b) Short-term or vacation rental means the rental to a person or group of persons of a
<br />dwelling unit, or portion thereof, for compensation whether monetary or otherwise, for lodging or
<br />sleeping purposes for a period of less than thirty (30) consecutive calendar days without
<br />concurrently being occupied by the property owner.
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<br />Sec. 8-3401. -Prohibited.
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<br />It shall be unlawful for any person or entity to: offer or make available for rent (via advertisement
<br />on a short-term or vacation rental website or otherwise) or to rent (by way of a rental agreement,
<br />lease, sublease, license, via a short-term or vacation rental website, or any other means, whether
<br />oral or written) for compensation or consideration a home-sharing rental, short-term or vacation
<br />rental for less than 30 days, pursuant to a rental agreement, lease, sublease, license, via a short-
<br />term or vacation rental website, or any other means, whether oral or written, for compensation or
<br />consideration, or maintain any advertisement of a home-sharing rental, short-term or vacation
<br />rental for less than 30 consecutive days.
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<br />Sec. 8-3402. -Violation; nuisance.
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<br />Any violation of this Article is unlawful, is hereby declared a public nuisance, and constitutes a
<br />misdemeanor punishable as set forth in Chapter 1 of the SAMC section 1-8. At the discretion of
<br />the City Attorney, a violation of this Article may be prosecuted as an infraction or misdemeanor.
<br />In any civil action brought pursuant to this Article, a court of competent jurisdiction may award
<br />reasonable attorney’s fees and costs to the prevailing party. Pursuant to Municipal Code Section
<br />1-21, the City may issue an administrative citation for any violation of this Article. Such
<br />administrative remedy may be exercised in place of, or in addition to, any administrative,
<br />criminal, civil, or equitable remedy allowed by law.
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<br />SECTION 4. Severability. If any section, subsection, sentence, clause, phase, or portion
<br />of this Ordinance is for any reason held to be invalid or unconstitutional by the decision of any
<br />court of competent jurisdiction, such decision shall not affect the validity of the remaining
<br />portions of this Ordinance. The City Council hereby declares that it would have adopted this
<br />Ordinance, and each section, subsection, subdivision, sentence, clause, phrase or portion thereof,
<br />irrespective of the fact that any one or more sections, subsections, subdivisions, sentences,
<br />clauses, phrases or portions might subsequently be declared invalid or unconstitutional.
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<br />SECTION 5. CEQA Determination. State CEQA Guidelines section 15164 requires
<br />lead agencies to prepare an addendum to a previously certified EIR if some changes or additions
<br />to the project are necessary, but none of the conditions requiring preparation of a subsequent or
<br />supplemental EIR are present. The City Council has reviewed and considered the General Plan
<br />Update EIR (State Clearinghouse No. 2020029087) (“GPU EIR”), the Addendum to the GPU
<br />EIR, and finds that these documents taken together contain a complete and accurate reporting of
<br />all the potential environmental impacts associated with this Ordinance. The City Council finds
<br />that the Addendum has been completed in compliance with CEQA and the State CEQA
<br />Guidelines. The City Council further finds and determines that the Addendum reflects the City’s
<br />independent judgment.
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