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Home My WebLink About50A - EMERGENCY ORD - BOARDINGHOUSE[410191111110 Lei A -. "Ok CITY COUNCIL MEETING DATE JUNE 21, 2016 TITLE: EMERGENCY ORDINANCE ADOPTING A 45 -DAY MORATORIUM ON THE ESTABLISHMENT, OPERATION OR EXPANSION OF ANY BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USE OR MULTIPLE TENANCIES IN A SINGLE APARTMENT UNIT RECOMMENDED ACTION 3 C+ � 11111 4 j: (p ] j[ +i •111 kj [� 3 I 41M ~ i 4r+7 kj I *:• E ❑ As Recommended ❑ As Amended ❑ Ordinance on 1" Reading 0 Ordinance on 2 "d Reading ® Implementing Resolutlon ❑ Set Public Hearing For_„ CONTINUED TO FILE NUMBER Approve an emergency ordinance adopting a 45 -day temporary moratorium on the establishment, operation or expansion of any boardinghouse, lodging house, rooming house or multiple tenancy in a single apartment unit. DISCUSSION Management for at least one apartment complex in the City has expressed the intent to rent individual apartment units to separate tenants. As in boardinghouses, lodging houses and rooming houses, the management would rent a bed in a bedroom with two or more beds. Although common tenants would have access to shared living, bath and kitchen areas, they would not necessarily share household responsibilities or activities. Current provisions of the Santa Ana Municipal Code (SAMC) do not clearly define or identify boardinghouse, lodging house, rooming houses or regulate multiple tenancies in a single apartment unit. Further, staff has received numerous calls from apartment complex residents and neighborhood representatives related to potential impacts on parking supply, increased traffic and other impacts affecting the quality of life in both the apartment complex and the surrounding community. As such, staff needs time to analyze the Santa Ana Municipal Code to review, study and revise the existing Code in order to respond to recent concerns relating to the impacts of short -term residential rentals in the City. The proposed interim ordinance will prohibit the establishment, operation or expansion of any boardinghouse, lodging house, rooming house uses and multiple tenancies in single apartment units for a 45 -day time period. 50A -1 Multiple Tenancy Moratorium June 21, 2016 Page 2 During the 45 -day interim ordinance period, a zoning study will be performed which will assist in the preparation of a permanent ordinance amendment to regulate these uses. An update on further study of this issue and a public hearing to consider extension of the moratorium or adoption a permanent ordinance will be scheduled for the August 2, 2016 City Council meeting. STRATEGIC PLAN ALIGNMENT Approval of this item supports the City's efforts to meet Goal No. 5 - Community Health, Livability, Engagement and Sustainability, Objective No. 4 (support neighborhood vitality and livability). FISCAL IMPACT There is no fiscal impact associated with this action. Has ani, A4 P Executive Director Planning and Building Agency CN:rb cn\.sober living \rtca multi tenant apartments.45moratorium 6 -21 -16 Exhibit: 1. Ordinance 50A -2 ORDINANCE NO. NS -XXX AN EMERGENCY ORDINANCE OF THE CITY OF SANTA ANA ADOPTING A 45 -DAY TEMPORARY MORATORIUM ON THE ESTABLISHMENT, OPERATION OR EXPANSION OF BOARDINGHOUSE, LODGING HOUSE, ROOMING HOUSE USES AND MULTIPLE TENANCIES IN A SINGLE APARTMENT UNIT THE CITY COUNCIL OF THE CITY OF SANTA ANA DOES ORDAIN AS FOLLOWS: Section 1. The City Council of Santa Ana hereby finds, determines and declares as follows: A. The City has been made aware of a business entity that may be planning to rent single apartment units to multiple separate tenants. The resulting use could be defined as a boardinghouse, lodging house or rooming house. B. Current provisions of the Santa Ana Municipal Code ( "SAMC) do not: 1. Clearly define boardinghouse, lodging house or rooming house uses or take into account the potential impacts associated with allowing multiple tenancies within a s i n g I e apartment unit; 2. Permit these uses within the R- 1(Single Family Residence), R -2 (Two Family Residence) or R -4 (Suburban Apartment) zoning districts; or 3. Permit these uses within the R•.3 (Multiple - Family Residence) zoning district without a conditional use permit. As such, provisions of the Santa Ana Municipal Code require review, study, and possible revision in order to respond to recent concerns relating to the impacts of permitting boardinghouse, lodging house or rooming house uses or the renting of single apartment units to multiple separate tenants in the City. C. Given these concerns, the City Council hereby requests that a study be undertaken of the current provisions of Chapter 41 of the SAMC to: 1. Address potential impacts of boardinghouse, lodging house or rooming house uses or the multiple tenant occupancy of apartment units; and 2. Determine whether such uses should be permitted inthe City, and 3. If permitted, where such uses should be allowed and underwhat conditions. D. If a boardinghouse, lodging house, rooming house uses, or multiple tenant occupancy within a single apartment unit is permitted in an apartment house or multiple family dwelling within the City without further review and potential Ordinance No. NS- Page 1 of 4 y 1 J regulation, it will pose a serious threat to the public interest, health, safety and welfare for the following reasons: 1. The above - described unregulated uses reasonably threaten to create increased parking demand that was not anticipated by existing parking requirements for multi- family uses. This demand may negatively impact the quality of life for other residents within the multi - family development. 2. Parking impacts created by the above - described unregulated uses reasonably threaten to create increased parking demand on adjacent streets and in adjacent neighborhoods, thereby negatively impacting the quality of life within these neighborhoods. 3. The above - described unregulated uses reasonably threaten to increase traffic within the apartment complex and negatively impact the quality of life for other residents within the multi - family development. 4. Increased traffic created by the above described unregulated uses reasonably threatens to negatively impact the quality of life within the surrounding neighborhoods. 5. The above- described unregulated uses threaten to undermine the purpose of the City zoning ordinance by: allowing inappropriate use of land, potentially destabilizing or reducing property values within adjacent neighborhoods, creating an undue concentration of population, and increasing congestion on adjacent streets. E. Prevention of detrimental impacts to residents, the public interest, health, safety and welfare requires the immediate enactment of this ordinance. The absence of this ordinance will create a serious threat to the orderly and effective implementation of existing ordinances and the general plan as well as any code amendments, general plan amendments or specific plan amendments which may be adopted by the City; boardinghouses, lodging houses, rooming houses or multiple tenancy in single apartment units may be in conflict with or frustrate the contemplated updates and revisions to the Code. Moreover, permitting such uses during said studies and implementation would create impacts on the public health, safety and welfare that the city council, in adopting this ordinance, has found to be unacceptable. F. The Request for Council Action for this ordinance dated June 21, 2016 and duly signed by the Executive Director of the Planning and Building Agency shall, by this reference, be incorporated herein, and together with this ordinance, any amendments or supplements, and oral testimony constitute the necessary findings for this ordinance. Section 2. No boardinghouse, lodging house, rooming house uses, or multiple tenant occupancy within a single apartment unit is permitted within any residential zoning districts as defined in Article II of Chapter 41 of the Code. Ordinance No. NS- Page 2 of 4 y 1 1 I Section 3. Any ordinance declared by the City Council to be necessary as an emergency measure for preserving the public peace, health and safety, and containing a statement of the reasons for its urgency, may be introduced and adopted at one and the same meeting if passed by the affirmative votes of at least two - thirds (2/3) vote of the City Council members pursuant to Section 415 of the City Charter and shall be immediately effective pursuant to Section 417 of the City Charter. Further, California Government Code Section 65858 authorizes the City Council to adopt an interim urgency ordinance, without following the procedures otherwise required for the adoption of an ordinance, to protect the public safety, health, and welfare, prohibiting any uses that may be in conflict with a contemplated general plan, specific plan, or zoning proposal that the City Council, Planning Commission or the planning division is considering or studying or intends to studywithin a reasonable time. Section 4. This ordinance shall have no further force and effect forty -five (45) days from the date of its adoption; unless, however, after public hearing the City Council members, by two- thirds (2/3) vote, extend this ordinance for an initial period of ten (10) months and fifteen (15) days and thereafter, after public hearing, the City Council members, bytwo- thirds (2/3) vote, extend this ordinance one more year. Section 5. It shall be unlawful and a misdemeanor for any person to violate or fail to comply with any provision of the ordinance. The violation of any provision of this ordinance shall be punished as provided in Section 1 -8 of the Code. Section 6. If any section, subsection, phrase, or clause of this ordinance is for any reason held to be unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have passed this ordinance and each section, subsection, phrase or clause thereof irrespective of the fact that any one or more sections, subsections, phrases, or clauses be declared invalid or unconstitutional. Section 7. The Clerk of the Council shall certify to the adoption of this ordinance and cause the same to be published in the manner prescribed by law. Section 8. This ordinance is introduced, passed and adopted at one and the same meeting and is thereafter immediately effective. The City Council finds that this ordinance is necessary to protect the public safety, health and welfare. The reasons for the emergency are set forth in Section 1, paragraphs A -F, inclusive of this ordinance. Ordinance No. NS- Page 3 of 4 y 1 ADOPTED this day of 2016. Miguel A. Pulido Mayor APPROVED AS TO FORM: Sonia R. Carvalho City Attorney By: r c Ji.,...- Lisa Storck Assistant City Attorney AYES: Councilmembers NOES: Councilmembers ABSTAIN: Councilmembers NOT PRESENT: Councilmembers CERTIFICATE OF ATTESTATION AND ORIGINALITY I, MARIA D. HUIZAR, Clerk of the Council, do hereby attest to and certify the attached Ordinance No. NS- to be the original ordinance adopted by the City Council of the City of Santa Ana on , 2016, and that said ordinance was published in accordance with the Charter of the City of Santa Ana. Date: Ordinance No, NS- Page 4 of 4 Clerk of the Council City of Santa Ana y 1 M