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CITY COUNCIL MEETING 06-17-2014 - SHORT TERM VACATION RENTAL
I� © ry �m CITY OF HUNTINGTON BEACH < _ City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Joe Shaw, Mayor Pro Tern Date: June 6, 2014 Subject: CITY COUNCIL MEMBER ITEM FOR THE JUNE 16, 2014, CITY COUNCIL MEETING— SHORT-TERM VACATION RENTALS STATEMENT OF ISSUE: Short -Term Vacation Rentals are single-family residential dwellings rented out for periods of less than 30 days. These types of vacation rentals are different from other, more traditional types of short-term rental accommodations, such as Bed & Breakfasts, Hotels, Motels, Condominiums, and Time Shares, in that they generally consist of renting out a residential dwelling in a residential neighborhood and normally do not have any type of management presence on -site during the rental period. Under the current law, short-term vacation rentals are prohibited in Huntington Beach. Short-term vacation rentals are legal in several cities. Sunset Beach allows short-term rentals through a conditional -use permit. Long Beach regulates them similar to a business and requires a conditional -use permit. Newport Beach requires a specific short-term rental permit. Both cities decided to regulate and tax rather than prohibit short-term vacation rentals. Over the past few years, hundreds of short-term vacation rentals are advertised every day. Peak season is from May to September, and many property owners only rent out their home during the peak season and have a six-month tenant through the fall and winter. However, there are several short-term vacation rentals that are operating illegally throughout the city. The rentals impact parking, and often times change the nature of the residential area by adding to neighborhood congestion, parking problems, noise problems, garbage problems, security concerns, etc. Having large groups of strangers next door can be uncomfortable for many people due to noise, parties, and use of city services. In addition, short-term vacation rentals provide alternative lodging than hotels or motels without remitting transient occupancy tax. Enforcement of the current law is challenging and revisions should be made. If the city is going to actively enforce the prohibition on short-term vacation rentals, then three modifications are necessary. First, it will be easier to enforce a clear prohibition on short-term rentals rather than our current zoning regulations. Second, the fine amount for violation of the municipal code needs to be high enough to discourage the rentals from continuing. Third; staff would also like a prohibition on advertising short-term rentals located in Huntington Beach. RECOMMENDED ACTION: Direct City Attorney to draft an ordinance to enhance the enforcement of the prohibition of short-term vacation rentals consistent with this item. xc: Fred Wilson, City Manager Ken Domer, Assistant City Manager Joan Flynn, City Clerk Jennifer McGrath, City Attorney L-7L,AE� TO Lzi m ,del v6 6 -i \ 6J � �iTiES �P/9�4� � �OrfiT%j/�i Y�c�tJ7iv6i� �% w 7rf D T _��- G Esparza, Patty From: Surf Ci Pipeline-[norepiyguser govoutreach.com] Sent: CTuesday, June 17, 2014 9:46 AM To: CITY COUNCIL; Agenda Alerts Subject: Surf City Pipeline: Comment on an Agenda Item (notification) Request # 18619 from the Government Outreach System has been assigned to Agenda Alerts. Request type: Comment Request area: City Council - Agenda & Public Hearing Comments Citizen name: Vicki Lucas Description: In response to the item on Monday's agenda about short-term vacation rentals, Council members asked that citizens contact them. I live in Pacific Ranch, which is a residential community, not a "Club Med-type" community. My upstairs neighbor rents his condo on a week -to -week basis, particularly in the summer months. Our HOA newsletter had an article on the ordinance about rentals must be at least 30 days, and I gave it to him last October just in case he was unaware of the law. He continues to rent his place for fewer than 30 days. I have reported this in person and via website investigation/complaint form at 3-4 times, and I will continue to fill out a form every time he does this. Several of my neighbors do not like this practice and have also filled out complaint forms. To date, I cannot get anyone in Code Enforcement to call me back on the status of these com plaints. I do not know if he has been sent a letter to cease the practice. If he has, then he is not obeying the law and needs to be fined. The renters have no vested interest in our property, and they use our facilities -- the pools, the spas. This constant flow of people from week -to -week does not give us a sense of security. We don't even know who are neighbors are any more. At least the 30-day rule lets us see the same people for a month. One last comment - a few of the speakers last night openly stated they are breaking the law (as noted by Jill Hardy). You have their addresses on the sign -in sheets (I assume). Will they be sent a letter to stop the short-term rental practices? Code Enforcement tells me they need proof. Well, now you have admissions by the property owners. Expected Close Date: June 18, 2014 Click here to access the request Note: This message is for notification purposes only. Please do not reply to this email. Email replies are not monitored and will be ignored. Esparza, Patty From: Fikes, Cath Sent: CT-hurss ay June 19 2014 1:02 PM To: }less, Scott; Agenda Alerts Subject: FW: To All City Council Members Re Vacation Rentals From: gelliottl [mailto:gelliottl@socal.rr.com] Sent: Thursday, June 19, 2014 12:58 PM To: CITY COUNCIL Subject: To All City Council Members Re Vacation Rentals Dear City Council: I oppose any attempt by Council to legalize vacation rentals in residential areas of Huntington Beach. I've lived in a 4- bedroom house zoned Single Family Residental near Bushard and Hamilton since 1980. Houses in my neighborhood may be rented, but at a minimum of 30 days. Assumably, this rather moderate restriction is in place to protect people like me who use their house as a family home and expect that any neighborhood renters will be residents, not transients. The house next door to me was converted to a vacation rental for several years and should have had a sign posted on the front lawn saying "International Hotel & Party House" because that was an accurate reflection of the home's use. The rental info was posted in various online venues including www.vrbo.com (Vacation Rental by Owner) with a 3-day minimum, seasonal rates, holiday rates, etc. This 4-bedroom house that was touted as sleeping 10 and located in a safe, family -oriented neighborhood. The question became "safe" for whom? Complaints to the owner about the biggest, noisiest parties were greeted with surprise. The owner claimed not to condone or know anything about the partying, or the number of partygoers, or the traffic brought into the neighborhood (including a camper parked overnight on one occasion). So much for the safe, family neighborhood. So much for Neighborhood Watch. If you open the door to legalizing vacation rentals everywhere in the city, it won't matter how many restrictions you impose unless you intend to require a 24-hour security guard on the premises. You will have effectively turned every home into a potential hotel and party house. You will have insulted every law-abiding homeowner who considers their home to be a residence, not a cash cow (or a new source of TOT taxes for city coffers). I don't want to be exploited by my neighbors or scofflaw protestors from around the city who think their property rights should supercede mine. Every vacation -rental violator should be informed that they do not get to arbitrarily "re -zone" their homes to meet their personal needs while ignoring mine. I believe it is reasonable to expect assurance from my City Council that they're going to protect my rights as a homeowner and reaffirm that Single Family Residential zoning is a law, not just a suggestion. Thank you for your consideration,. Cheryl Elliott 21652 Branta Circle Huntington Beach, CA 92646