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10A Action Items 2018 0723
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10A Action Items 2018 0723
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Staff Report
Document Date (6)
7/23/2018
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File #:17-616,Version:1 <br />information and are unwilling to assist cities with tax collection and enforcement. <br />Other Alameda County City Policies <br />Regulations on short-term rentals vary widely among neighboring cities in Alameda County. Berkeley <br />and Emeryville have specific code provisions to permit and regulate short-term rentals. Oakland and <br />Union City have not established a special permit for short-term rentals, but allow them as long as <br />transient occupancy taxes are paid. The City of Piedmont does not have a short-term rental permit <br />nor does the City collect transient occupancy taxes, but it allows non-hosted short-term rentals with a <br />business license. Newark, Hayward, and San Leandro have a permissive zoning code where short- <br />term rentals are prohibited because they are not specifically identified as a permitted use. <br />Housing Availability <br />One concern with short-term rentals is their effect on housing availability. Non-hosted units negatively <br />impact housing availability because the entire home is used as a short-term rental. Cities like San <br />Francisco and Berkeley that have carefully crafted short-term rental regulations intend for such <br />regulations to mitigate the loss of residential housing by imposing a 90-night cap on the total number <br />of nights each year that a non-hosted short-term rental can be occupied. The City of San Leandro, <br />along with many other cities, prohibit Accessory Dwelling Units (ADUs) from being used for short- <br />term rentals because they are intended to provide a source of affordable housing. Short-term rentals <br />can also be limited to prevent the professional or commercial rental of multiple residential properties <br />by the same individual or company. <br />Financial Benefits to Homeowners <br />Advocates for short-term rentals often point to the benefit of hosted units where an individual <br />bedroom is rented and the host continues to live within the home. Homeowners may also make some <br />or all of their property available for short-term rentals when they are away on vacation. The ability to <br />engage in short-term rentals can provide financial assistance to homeowners and enable them to pay <br />their mortgage and other bills. <br />Nuisances and Neighborhood Character <br />Residents are often concerned about the effect short-term rentals have on their neighborhood. Over <br />concentration, noise, and parking are typical concerns. San Leandro has a number of tools at its <br />disposal to address public nuisances, but does not have codes or provisions in place specific to short <br />-term rentals. <br />A way to address short-term rentals that become a public nuisance could be through an “Unruly <br />Gathering Ordinance” which addresses parties or gatherings on private property that create a <br />substantial disturbance due to unlawful, noisy, or disruptive behavior. These ordinances are generally <br />crafted to apply to gatherings of twenty or more persons. They are meant to address a wide range of <br />public nuisances including noise, public drunkenness, fights, loitering, public defecation, fireworks, <br />littering, and vandalism. When combined with a permit suspension or revocation process, unruly <br />gathering ordinances are useful for holding both property owners and occupants responsible and <br />accountable for the misuse of a short-term rental. <br />City of San Leandro Page 3 of 6
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