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City of San Leandro <br />Legislation Text <br />Civic Center <br />835 East 14th Street <br />San Leandro, California <br />Staff Report for City Council Discussion of Short Term Rental Regulations and Consideration of 1) an <br />Urgency Ordinance to Establish a Temporary Moratorium on Non-Hosted Short Term Rentals Land <br />Uses; and 2) First Reading of a Regular Ordinance to Address Unruly Gatherings <br />SUMMARY <br />Staff recommends that the City Council consider and adopt two items: 1) An urgency ordinance to <br />establish a temporary moratorium that prohibits non-hosted short term rentals land uses; and 2) a <br />regular ordinance to address unruly gatherings. Staff also seeks direction from the City Council on <br />parameters of a future policy to regulate short term rentals. <br />BACKGROUND AND DISCUSSION <br />San Leandro’s Zoning Code does not define, enable or permit short term rentals of any kind and <br />there are no enforcement provisions specific to short term rentals in the Municipal Code. This lack of <br />specificity currently limits the City’s enforcement efforts on short term rentals as a land use, and <br />focuses instead on the related symptomatic or incidental problems, such as responding to noise <br />complaints or the conduct of other unpermitted activities. It is also difficult to determine if and when a <br />given private residence is being used as a short term rental. <br />The issue of short term rentals as a land use has evolved since the prior City Council work session <br />held on November 13, 2017 (staff report attached). Since that time, the number of complaints filed by <br />residents regarding short term rentals has increased and the number and nature of identified short <br />term rental listings has become more egregious. <br />Short term rentals are currently prohibited under San Leandro’s Zoning Code. However, staff has <br />become aware of a number of online listings being posted in a manner to evade enforcement, such <br />as not identifying a specific address or using languages other than English. The City has also been <br />made aware of short term rental listed properties offering nightly lodging for up to 40 persons in a <br />given single family residence. It is not legally possible for City staff to enter a private residence, <br />without a judicially approved search warrant, to verify the number of inhabitants and enforce an <br />occupancy limitation. <br />To address these problems, staff recommends that the City Council consider an urgency ordinance to <br />adopt a temporary moratorium on non-hosted short term rental land uses to reinforce the City’s <br />current prohibitions and provide a more effective enforcement tool until permanent regulations can be <br />established and implemented. Staff recommends that the proposed land use moratorium should be <br />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 rental <br />properties 2) a hosted short term rental has a responsible party or owner present and 3) because <br />File #:18-322,Version:1 <br />City of San Leandro Page 1 of 6 7/23/2018 <br /> powered by Legistar™227