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HomeMy WebLinkAboutR-10590 Amnesty Period for Homestay Rental TOTRESOLUTION NO. 10590 (2015 Series) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN LUIS OBISPO, CALIFORNIA, REINSTATING ENFORCEMENT OF THE VACATION RENTAL PROHIBITION AND ESTABLISHING AN AMNESTY PERIOD FOR UNPAID TRANSIENT OCCUPANCY TAX FOR HOMESTAY RENTALS WHEREAS, the City Council of the City of San Luis Obispo conducted a study session in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on November 12, 2013, and directed staff to temporarily suspend enforcement of Municipal Code §17.22.010(G) related to the prohibition of vacation rentals, pending adoption of an ordinance which provides for homestay rentals; and WHEREAS, the City Council of the City of San Luis Obispo conducted a public hearing in the Council Chamber of City Hall, 990 Palm Street, San Luis Obispo, California, on January 6, 2015, for the purpose of considering the Negative Declaration of environmental impact and amendments to Title 17 (Zoning Regulations) of the Municipal Code to add provisions to allow homestay rentals; and WHEREAS, the City of "San Luis Obispo" ( "City ") separately defines and regulates homestay rentals in Section 17.08.140 of the Municipal Code; and WHEREAS, the City wishes to reinstate its existing prohibition on vacation rentals in Section 17.22.010(G); and WHEREAS, the City wishes to provide amnesty for unpaid Transient Occupancy Tax (TOT) to existing operators of homestay rentals with issuance of a homestay permit so that all existing eligible homestay operators prior to the effective date of the Ordinance to allow homestays that are have not paid TOT will apply for the necessary permits without having to pay any unpaid TOT; and WHEREAS, the City Council has duly considered all evidence, including the public testimony, interested parties, and the evaluation and recommendations by staff, presented at said hearing. NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of San Luis Obispo as follows: SECTION 1. Findings. Based upon all the evidence, the City Council makes the following findings: a) Vacation rentals are prohibited in the City and enforcement of this prohibition shall be reinstated. R 10590 Resolution No. 10590 (2015 Series) Page 2 b) Amnesty for unpaid TOT should be provided to existing operators of homestay rentals for a period of 90 days after the effective date of the homestay ordinance with issuance of a homestay permit. SECTION 2. Action. The City Council hereby city reinstates enforcement of the existing vacation rental prohibition and establishes a 90 day amnesty period for existing operators of homestay rentals for unpaid TOT with the issuance of a homestay permit. Upon motion of Vice Mayor Ashbaugh, seconded by Council Member Christianson, and on the following roll call vote: AYES: Council Members Christianson and Rivoire, Vice Mayor Ashbaugh and Mayor Marx NOES: Council Member Carpenter ABSENT: None The foregoing resolution was adopted this 6th day of January, 2015. - (�' nL��z Mayo J n Marx ATTEST: C nthony J. M City Clerk City Attorney IN WITNESS WHEREOF, I have hereunto set my hand and affixed the official seal of the City of San Luis Obispo, California, this day of - ?01.5 .�i