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File #:18-322,Version:1 <br />some City Council members previously suggested support for permitting limited hosted short term <br />rentals. <br />In addition to the proposed moratorium, staff recommends that the City Council consider adoption of <br />a regular “Unruly Gatherings Ordinance.” This ordinance, which addresses parties or gatherings on <br />private property that create a substantial disturbance due to unlawful, noisy, or disruptive behavior, <br />was previously discussed at the prior November 13, 2017 short term rentals work session. The <br />Council has the option of considering adoption of the proposed “Unruly Gatherings Ordinance” with a <br />first reading. <br />Relevant Definitions <br />A “short-term rental” is the rental of a residential dwelling unit (or portion thereof) to paying occupants <br />on a short-term basis. Short-term rentals can vary from the rental of a single bedroom or common <br />area to an entire home or apartment. The duration of occupancy may also vary, but short-term rentals <br />are generally defined as the rental of any property or portion thereof for less than 30 days. Short-term <br />rentals are typically advertised and booked online through various short term rental listing services or <br />rental agencies. The property owner is responsible for the operation, safety, and remittance of transit <br />occupancy taxes (TOT). <br />There are two different types of short-term rentals. A “hosted” short-term rental is one where the host <br />or owner is present in the home while it is being rented, such as with the rental of an individual <br />bedroom. A “non-hosted” short-term rental is one where the host or owner is not present and the <br />entire house or apartment unit is rented out, such as with a vacation home rental. These differ from a <br />“Bed and Breakfast,” which is defined and regulated in the City’s Zoning Code as a single or <br />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 Land <br />Uses <br />The City’s Zoning Code does not expressly allow short-term rental land uses, but short-term rentals <br />are currently taking place within the City. The unregulated expansion of short-term rentals would <br />undermine the City’s achievement of its long-term planning goals and investments. The City Council <br />has received complaints and numerous public comments at its regular meetings indicating that the <br />proliferation of non-hosted short-term rentals within the City adversely affects the quality of life and <br />the character of the City’s residential neighborhoods. In addition, short-term rentals pose challenges <br />for enforcement and tax collection because precise information on their locations, availability, <br />revenues earned, and actual occupancy rates are difficult to obtain. In brief, short-term rentals pose <br />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 City’s <br />neighborhoods can quickly deteriorate and suffer adverse social, environmental, and economic <br />conditions. A moratorium on non-hosted short-term rentals would allow time for the City to revise its <br />zoning code to provide for regulation of non-hosted short-term rentals in a manner that protects <br />public health, safety, and welfare. <br />City of San Leandro Page 2 of 6 7/23/2018 <br /> powered by Legistar™228