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File Number: 19-309 <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 present 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 present <br />and the entire house or apartment unit is rented out, such as with a vacation home rental. These <br />differ from a “Bed and Breakfast,” which is defined and regulated in the City’s Zoning Code as a <br />single or multifamily dwelling converted into a formal lodging business having six or fewer rooms. <br />Analysis <br />As presented and discussed at the City Council’s May 6, 2019 meeting, hosted short term rentals <br />would be allowed in residential dwelling units throughout the City. Hosted short term rentals would <br />be subject to obtaining a permit, obtaining a business license, and payment of transient <br />occupancy taxes. They would be subject to specific standards, including an updated good <br />neighbor policy listed in Section 4-40-130 of the proposed ordinance. <br />The updated standards identified include: <br />·Hosted short-term rentals will be limited to a total of 180 calendar days per permit term <br />·An updated “good neighbor policy” posted in the host’s dwelling unit that identifies the <br />maximum occupancy, smoking regulations, compliance with all laws, instructions on <br />managing noise or any other disturbance, parking restrictions, provisions for quiet arrival <br />and departure of renters, neighborhood information, emergency procedures, and property <br />upkeep, including but not limited to trash disposal <br />·The ordinance requires the City notify adjacent neighbors of the proposed hosted short <br />term rental and contains clarification regarding the appeal process <br />The City is in the process of hiring a third party data monitoring firm to consistently and regularly <br />track hosted and non-hosted short term rentals and to inform and assist City staff with <br />enforcement and tax collection. <br />Previous Actions <br />Ordinance 2017-003 on March 17, 2017 prohibited Accessory Dwelling Units (ADUs) from being <br />used for short term rentals. The City Council held a work session on July 23, 2018 for first reading <br />of a Loud and Unruly Gathering Ordinance. Prior to the most recent work session on July 23, <br />2018 during which the current urgency ordinance was adopted, the City Council held a work <br />session to discuss the issue of short term rentals on November 13, 2017. On September 4, 2018, <br />the City Council extended the temporary land use moratorium on non-hosted short term rentals to <br />July 22, 2019. The City Council held a work session on this topic on December 10, 2018. The <br />City Council approved the first reading of an ordinance to prohibit non-hosted short term rentals <br />and directed staff to revise the proposed hosted short term rentals ordinance at its May 6, 2019 <br />public hearing. <br />Staff updated the ordinance presented on May 6, 2019 and re-submitted it for City Council review <br />Page 2 City of San Leandro Printed on 5/29/2019 <br />728