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File Number: 18-386 <br />operation, safety, and remittance of transit occupancy taxes (TOT). <br /> <br />There are two different types of short-term rentals. A “hosted” short-term rental is one where the <br />host or owner is domiciled 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 <br />domiciled in the home and the entire house or apartment unit is rented out, such as with a <br />vacation home rental. These differ from a “Bed and Breakfast,” which is defined and regulated in <br />the City’s Zoning Code as a single or multifamily dwelling converted into a formal lodging <br />business having six or fewer rooms. Hosted and non-hosted short-term rentals tend to be clearly <br />differentiated on short-term rental websites, as renters want to know if they are renting the “entire <br />home” or just a portion thereof. <br />Analysis <br />Extending the current moratorium on non-hosted short-term rentals for up to an additional ten <br />months and fifteen days to one year in total will provide staff, the community, and the City Council <br />adequate time to address the issue. Staff will use this time period to conduct further public <br />outreach and garner feedback to help develop policies leading towards City Council review and <br />approval of a new short-term rentals ordinance. <br />Timeframe <br />The process will begin with a community meeting to be held in the Karp Room of the San Leandro <br />Public Library on September 24, 2018 at 6 pm to discuss issues and receive feedback regarding <br />short-term rentals. A public survey will be presented at the community meeting and made <br />available during the following weeks thereafter, provided in print and with multilingual options. <br />Staff will then return to City Council for a follow-up work session to present the results sometime in <br />late November or December with the goal of having a draft short-term rentals ordinance ready for <br />adoption early next year. <br />Summary of Moratorium <br /> <br />During the effective period of the temporary urgency ordinance, any residential property owner in <br />the City of San Leandro whose domicile is not at the San Leandro property that he or she owns <br />and intends to rent is prohibited from renting the residential property, or having an intermediary <br />rent the property, for a term of less than 30 days. <br /> <br />The California Constitution vests the City with the power to impose a moratorium on non-hosted <br />short-term rentals to protect the public health, safety, and welfare of its citizens, and to regulate <br />zoning. The California Government Code enables the City, through passage of an urgency <br />ordinance, to immediately protect and preserve the public peace, health, and welfare by <br />prohibiting any uses that may be in conflict with a contemplated general plan, specific plan or <br />zoning proposal that the legislative body, planning commission or planning department is <br />considering. <br />Page 2 City of San Leandro Printed on 8/28/2018 <br />224