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File Number: 18-322 <br />persons in a given single family residence. It is not legally possible for City staff to enter a private <br />residence, without a judicially approved search warrant, to verify the number of inhabitants and <br />enforce an occupancy limitation. <br />To address these problems, staff recommends that the City Council consider an urgency <br />ordinance to adopt a temporary moratorium on non-hosted short term rental land uses to reinforce <br />the City’s current prohibitions and provide a more effective enforcement tool until permanent <br />regulations can be established and implemented. Staff recommends that the proposed land use <br />moratorium should be limited to prohibiting non-hosted short term rentals. <br />This would be because 1) most complaints received by the City involve non-hosted short term <br />rental properties 2) a hosted short term rental has a responsible party or owner present and 3) <br />because some City Council members previously suggested support for permitting limited hosted <br />short term rentals. <br />In addition to the proposed moratorium, staff recommends that the City Council consider adoption <br />of a regular “Unruly Gatherings Ordinance.” This ordinance, which addresses parties or <br />gatherings on private property that create a substantial disturbance due to unlawful, noisy, or <br />disruptive behavior, was previously discussed at the prior November 13, 2017 short term rentals <br />work session. The Council has the option of considering adoption of the proposed “Unruly <br />Gatherings Ordinance” with a first reading. <br />Relevant Definitions <br />A “short-term rental” is the rental of a residential dwelling unit (or portion thereof) to paying <br />occupants on a short-term basis. Short-term rentals can vary from the rental of a single bedroom <br />or common area to an entire home or apartment. The duration of occupancy may also vary, but <br />short-term rentals are generally defined as the rental of any property or portion thereof for less <br />than 30 days. Short-term rentals are typically advertised and booked online through various short <br />term rental listing services or rental agencies. The property owner is responsible for the <br />operation, safety, and remittance of transit occupancy taxes (TOT). <br />There are two different types of short-term rentals. A “hosted” short-term rental is one where the <br />host or owner is present in the home while it is being rented, such as with the rental of an <br />individual bedroom. A “non-hosted” short-term rental is one where the host or owner is not present <br />and the entire house or apartment unit is rented out, such as with a vacation home rental. These <br />differ from a “Bed and Breakfast,” which is defined and regulated in the City’s Zoning Code as a <br />single or multifamily dwelling converted into a formal lodging business having six or fewer rooms. <br />ANALYSIS <br />Need for Urgency Ordinance to Establish a Land Use Moratorium on Short Term Rental <br />Land Uses <br />The City’s Zoning Code does not expressly allow short-term rental land uses, but short-term <br />rentals are currently taking place within the City. The unregulated expansion of short-term rentals <br />would undermine the City’s achievement of its long-term planning goals and investments. The <br />Page 2 City of San Leandro Printed on 7/17/2018