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File Number: 18-322 <br />City Council has received complaints and numerous public comments at its regular meetings <br />indicating that the proliferation of non-hosted short-term rentals within the City adversely affects <br />the quality of life and the character of the City’s residential neighborhoods. In addition, short-term <br />rentals pose challenges for enforcement and tax collection because precise information on their <br />locations, availability, revenues earned, and actual occupancy rates are difficult to obtain. In brief, <br />short-term rentals pose an immediate threat to public health, safety, and welfare. <br />The City has an overriding interest in planning and regulating the use of property within the City <br />because without stable, well-planned neighborhoods, the quality of life and the character of the <br />City’s neighborhoods can quickly deteriorate and suffer adverse social, environmental, and <br />economic conditions. A moratorium on non-hosted short-term rentals would allow time for the <br />City to revise its zoning code to provide for regulation of non-hosted short-term rentals in a <br />manner that protects public health, safety, and welfare. <br />Summary of Moratorium <br />The proposed moratorium on short-term rentals provides that any residential property owner in <br />the City of San Leandro whose place of residence is not at the San Leandro property that he or <br />she owns and intends to rent will be prohibited from renting the residential property, or having an <br />intermediary rent the property, for a term of less than 30 days. <br />The California Constitution vests the City with the authority to impose a moratorium on non-hosted <br />short-term rentals to protect the health, safety, and welfare of its citizens, and to regulate zoning. <br />In addition, the California Government Code enables the City to immediately protect and preserve <br />the public peace, health, and welfare by prohibiting any uses that may be in conflict with a <br />contemplated general plan, specific plan or zoning proposal that the legislative body, planning <br />commission or planning department is considering. Therefore, the City can impose a moratorium <br />provided it can demonstrate the need for it. <br />Enforcement During Moratorium <br />During the temporary moratorium, City Code Enforcement staff would take the following steps, as <br />per the Community Compliance Program established in the Municipal Code, to enforce against <br />owners who violate the proposed moratorium: <br />Step 1: Courtesy Notice <br />Step 2: Notice of Violation (14 days after Step 1) <br />Step 2: Administrative Citation with $150 fine (14 days after Step 2) <br />Step 4: Administrative Citation with $300 fine (14 days after Step 3) <br />Step 5: Administrative Citation with $600 fine (14 days after Step 4) <br />Step 6: Judicial Order to Abate (at least 1 or more weeks to prepare the order and have a judge <br />approve it) <br />As shown above, enforcement will take time, as the City must comply and follow the notification <br />procedures outlined above. If the violation becomes more complex (e.g., host status is unclear, <br />clear documentation of short-term rental listings are unavailable, etc.) and City staff requires more <br />time to investigate, then the enforcement process could take longer than 3 months. Particularly <br />Page 3 City of San Leandro Printed on 7/17/2018