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NS-2886
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Last modified
9/17/2015 5:26:35 PM
Creation date
9/17/2015 5:25:32 PM
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Template:
City Clerk
Doc Type
Ordinance
Doc #
NS-2886
Date
9/15/2015
Destruction Year
P
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F. Prevention of detrimental impacts to residents, the public interest, health, safety and <br />welfare requires the immediate enactment of this ordinance. The absence of this <br />ordinance will create a serious threat to the orderly and effective implementation of <br />any code amendments, general plan amendments or specific plan amendments <br />which may be adopted by the City; short -term residential rental uses may be in <br />conflict with or frustrate the contemplated updates and revisions to the Code. <br />Moreover, permitting such uses during said studies and implementation would <br />create impacts on the public health, safety and welfare that the city council, in <br />adopting this ordinance, has found to be unacceptable. <br />G. The Request for Council Action for this ordinance dated September 15, 2015 and <br />duly signed by the Executive Director of the Planning and Building Agency shall, by <br />this reference, be incorporated herein, and together with this ordinance, any <br />amendments or supplements, and oral testimony constitute the necessary findings <br />for this ordinance. <br />H. The City Council finds, determines and declares that the current and immediate <br />threat to the public health, safety and welfare of the city and its citizens necessitates <br />the immediate enactment of the ordinance. The facts constituting such urgency are <br />set forth in paragraphs A -H of this ordinance. <br />Section 2. No short-term residential rental is permitted in a residential zone as <br />defined in Article I of Chapter 41 of the Code. <br />Section 3. Any ordinance declared by the City Council to be necessary as an <br />emergency measure for preserving the public peace, health and safety, and containing <br />a statement of the reasons for its urgency, may be introduced and adopted at one and <br />the same meeting if passed by the affirmative votes of at least two - thirds (213) vote of <br />the City Council members pursuant to Section 415 of the City Charter and shall be <br />immediately effective pursuant to Section 417 of the City Charter. Further, California <br />Government Code Section 65858 authorizes the City Council to adopt an interim <br />urgency ordinance, without following the procedures otherwise required for the adoption <br />of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses <br />that may be in conflict with a contemplated general plan, specific plan, or zoning <br />proposal that the City Council, Planning Commission or the planning division is <br />considering or studying or intends to study within a reasonable time. <br />Section 4. This ordinance shall have no further force and effect forty -five (45) <br />days from the date of its adoption; unless, however, after public hearing the City Council <br />members, by two- thirds (2/3) vote, extend this ordinance for an initial period of ten (10) <br />months and fifteen (15) days and thereafter, after public hearing, the City Council <br />members, by two - thirds (2/3) vote, extend this ordinance one more year. <br />Ordinance No. NS -2886 <br />Page 2 of 4 <br />
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