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HomeMy WebLinkAboutCouncilmember Item - Councilmember Brenden - Short-term Vaca .zrW W r1_H7_-V. /N - PuL.LE� FZ�R CoAf.94U�- 0A/ ��a ® CITY OF HUNTINGTON BEACH City Council Interoffice Communication To: Honorable Mayor and City Council Members From: Patrick Brenden, City Council Member,,/ Date: February 5, 2018 Subject: CITY COUNCIL MEMBER ITEM FOR THE FEBRUARY 5, 2018, CITY COUNCIL MEETING— SHORT-TERM VACATION RENTAL ORDINANCE STATEMENT OF ISSUE: Short-term vacation rentals (STVR) have become very popular in the past few years. Short-term vacation rentals are defined as any residence (one or two rooms, or the entire house) rented for a term of less than thirty (30) consecutive days. However, the commercial operation of a short-term vacation rental in single family and multiple family zones is currently not permitted under the Huntington Beach Zoning and Subdivision Ordinance. On September 16, 2017, city staff organized a community workshop for property owners, residents, business owners, and hotel operators to weigh in and hear the pros and cons of allowing short-term vacation rentals to operate in the City of Huntington Beach. There was a robust discussion with participation from national platform companies, Visit Huntington Beach, representatives from the hospitality industry, subject-matter experts and residents. Positions were expressed both opposed to and in favor of, short-term vacation rentals. Throughout the course of the discussion it became apparent that a clear distinction exists between hosted stays (when the property owner remains on-site for the duration of the occupancy), and unhosted stays (whole-house rentals, in the absence of the owner). While unhosted short-term vacation rentals remain contentious due to potential for negative impacts on neighbors and neighborhoods J the general consensus among participants was that hosted rentals pose little concern tb the community. Short-term rentals provide significant community benefits in the form of additional income for homeowners to ease the burden of the high cost of living, alternative lodging and a unique visitor experience for guests, and an economic boost to our local businesses who benefit from the additional tourism dollars. STVR Hosts act as good- will ambassadors and provide visitors with a culturally immersive experience that appeals to a desirable demographic. Furthermore, fees and Transit Occupancy Tax generated from hosted STVRs could provide a new funding source that could be allocated for enhanced code enforcement to address negative impacts of unhosted STVRs. NO AMON TAI{EN CCM Item — Short-Term Vacation Rental Ordinance Page 2 February 5, 2018 RECOMMENDED ACTION Direct the City Manager and City Attorney to return to Council, within 90 days, a draft ordinance to allow hosted short-term vacation rentals as an accessory use in single and multiple-family residential zones with the following regulatory framework: • A hosted short-term vacation rental (STVR) should be defined as the rental, for a period of less than 30 days, of either (A) one or more bedroom(s) or (B) an attached/detached casita or accessory dwelling unit with up to two living units, on a property that is the owner's primary residence, where the owner is resident during the entire rental stay. • All STVRs would require a permit and business license to operate. • Owner/operator will include city-issued permit number on all online listings. • The STVR permit would require compliance with the following operating agreements: o A permit fee shall be established in an amount to be determined by resolution of the City Council. o The permit shall be limited to the property owner's primary residence and one additional on-site dwelling unit. o Registration for a Transient Occupancy Tax (TOT) Certificate and collection and remittance of the TOT shall be required, consistent with current City regulations. o Occupancy limits of two (2) persons per bedroom plus two (2) per dwelling unit. o The number of vehicles for overnight occupants shall not exceed the number of designated on-site parking spaces on the property. o The short-term rental property shall not be used for any use or event that would require a local event or temporary event permit, or other regulatory permission. o The host/operator shall post in a conspicuous location "house rules" or a "good neighbor code of conduct' that includes reference to local regulations related to noise, nuisance, and trash. o The owner/operator will self-certify that they comply with all local, state, and federal health and safety requirements, including those related to fire extinguishers, smoke detectors, and CO2 detectors. o The owner/operator must provide a designated 24-7 local contact. o The 24-7 local contact must respond to any complaint related to the short-term occupancy of the property within 1 hour. • Where the property is part of any Homeowners Association (HOA), a short-term rental permit shall not be issued without written authorization from that HOA. • Where short-term rentals are prohibited by Covenants, Conditions, and Restrictions (CC&R). • Escalating penalties shall be established for verified violations. • A process for permit revocation shall be incorporated. • A process to appeal violations shall be established. xc: Fred Wilson, City Manager Robin Estanislau, City Clerk Lori Ann Farrell Harrison, Assistant City Manager Michael Gates, City Attorney NO ACTION TAKEN (MOU) between the City of Huntington Beach and Project Self-Sufficiency (PS-S) Recommended Action: Approve and authorize the Mayor and City Clerk to execute a "Memorandum of Understanding Between the City of Huntington Beach and Project Self- Sufficiency." Approved 7-0 8. Approved the appointment of Marie Knight to the position of Director of Community Services and authorized the City Manager to execute the Employment Agreement Recommended Action: Approve and authorize the City Manager to execute the "Employment Agreement Between the City of Huntington Beach and Marie Knight' for the position of Director of Community Services. Approved 7-0 9. Adopted Ordinance No. 4147 amending Section 7.04.010 and repealing Section 7.04.020 and Chapter 7.08 of the Huntington Beach Municipal Code (HBMC) relating to the adoption of County Animal Control Ordinances Approved for introduction 1-16-2018, Vote: 7-0 Recommended Action: Adopt Ordinance No. 4147, "An Ordinance of the City of Huntington Beach Amending Section 7.04.010 and Repealing Section 7.04.020 and Chapter 7.08 of the Huntington Beach Municipal Code Relating to the Adoption of County Animal Control Ordinances." Approved 7-0 PUBLIC HEARING 10. Adopted Resolution No. 2018-03 adopting Amendments to the 2015 Urban Water Management Plan (UWMP) Recommended Action: Adopt Resolution 2018-03, "A Resolution of the City Council of the City of Huntington Beach Adopting the Amendments to the Adopted 2015 Urban Water Management Plan Pursuant to AB797 and SB1011." Supplemental Communication (1) No Public Speakers Approved 7-0 COUNCILMEMBER ITEMS 14, ITEM WITHDRAWN: Approved Item Submitted by CounGilrnembe -5- City Council/PFA Action Agenda—Monday, February 05, 2018 in single and multiple fam ly Fesident a' zones w th the follow ng Fegulati:)Fy fr;;mp.wAFk- . A hncted chart term van'.*n ent.l /CTVD\ should be rl f' rl as the FeRt I for a per ad E)f less than 3C) days, E)f ether (A) one Ar merp -hpd-mlme m(s) E)F (B) aR n. property s e owneFarty that ' th o'.d h th 'r! t Yr 7 rd, .inn the eRt r Rtal stay. agizeement& 7 n permit fee shall be established , an aM96IRt t be deteFM rl by The permit 6heii he lim ted +o the rn ert y n deRGe a L......��. ., � N,.,ram.,.� .. 7 AAllent,o nr! rem tepee of the TOT shall be dGORS t t 'th 7 The mhe of, eh'Gies fn night OGGUpaRtS hall f d the �I ndmbeLnf des nte n site nrL'n the rt�n .d r � nYen W'T ;the chart to ntol property shall t h d f4aF ARY use OF t that 7 7 The GWRer�operatGF Will self Gertify that they Gamply w th all !E)Gal, state-, Rind fedp el health anal safety rl' th requirements, lat d t f' i ,t n sheps, 6make t t ,d rn22 t t -6- City Council/PFA Action Agenda- Monday, February 05, 2018 • Where the nrnne4y 6 art of a Hom eowners AsSOG at (HOA a ti rt term rental p mit shall not be 66ue.d without treR tti t Gn' fFGM that WQA . Wher_ shA4 term FARt215 APP prGh b,ted by GGvenants, r ESGalatl Rg 'Penalties shall be established f "f'Pell v olatiARs. COUNCILMEMBER COMMENTS (Not Agendized) Peterson, Brenden, Semeta, O'Connell, Posey, reported ADJOURNMENT — 7:17 PM A Town Hall Meeting regarding a Housing Update has been scheduled for 9:00am, Saturday, February 10, 2018 in Council Chambers, 2000 Main Street, Huntington Beach, CA A Strategic Planning Session has been scheduled for 8:00am, Tuesday, February 13, 2018 at Huntington Central Library, 7111 Talbert Avenue, Huntington Beach, CA The next regularly scheduled meeting of the Huntington Beach City Council/Public Financing Authority is Tuesday, February 20, 2018, at 4:00 PM in the Civic Center Council Chambers, 2000 Main Street, Huntington Beach, California. INTERNET ACCESS TO CITY COUNCIUPUBLIC FINANCING AUTHORITY AGENDA AND STAFF REPORT MATERIAL IS AVAILABLE PRIOR TO CITY COUNCIL MEETINGS AT http://www,huntingtonbeachca.go v -7- City Council/PFA Action Agenda—Monday, February 05, 2018 Switzer, Donna From: Estanislau, Robin Sent: Friday, February 02, 2018 8:50 AM To: Switzer, Donna Subject: Fwd: February 5-Meeting Supplemental Communication ... sorry. Sent from my iPad N s m Begin forwarded message: x� m r1i From: "Dombo, Johanna" Uohanna.Dombo 7a surfcity-hb.or¢> �=�j iv m Date: February 2,2018 at 8:40:36 AM PST To: Agenda Alerts<AgendaAlerts(a),surfcity-hb.ore> m'"m m Subject: FW: February 5-Meeting p '. cn N -----Original Message----- From: Alan Komicks [mailto:akomicksia- aol.coml Sent: Thursday, February 01, 2018 9:07 PM To: CITY COUNCIL Subject: February 5 - Meeting I live at 407 19th Street, Unfortunately, I will not be able to attend the meeting, and writing this email to express my opinions on Vacation Rentals in our city,which I believe maybe on your agenda. I recognize the fact that Huntington Beach is becoming a tourist destination,and am for it,but opening up our city to Vacation Rentals is not the way to go for your residents. That is why you have permitted the additional hotel room additions in the Beach area to attract tourists. The areas north and south of Main Street are deteriorating the quality of life for your residents who live here, this at the expense of a few who will profit. It's bad enough we are being overwhelmed by the massive increase in sober living housing in the area, in which you have no control of. It's time to start thinking of your citizens, and in improve our quality of life, and not take away from it. I ask you to stop the erosion of our quality of life!!!! Thanks for taking the time to have read this, and please feel free to contact me should you have any further questions. SUPPLEMENTAL Sincerely, COMMUNICATION Alan Kornicks Meeting !Dab: Is/i p D AV«aa PAM 407 19th Street Sent from my Whone 2 SIRE WebCenter: Meetings Page 1 of 2 WebCenter 6.0 Loaout:SwitzerDA Home I Documents I Meetings I Workflow I Forms I Reporting Svcs Calendar My Items Find Meetinqs Find Items Add Meetinq LRDA Search Published Meetinq Search Templates Item Title Details Files Taos Notes LRDA Notes Workflow Ownership History «Return to Meetinq Submitted by Councilmember Brendan-Short-Term Vacation Rental(STVR)Ordinance Item Details(3000 Chars Max) Select Detail Type/Caption r Recommended Action: L-Direct the City Manager and City Attorney to return to Council, within 90 days, a draft ordinance to allow hosted short-term vacation rentals as an accessory use in single and multiple-family residential zones with the following regulatory framework: •A hosted short-term vacation rental (STVR)should be defined as the rental, for a period of less than 30 days, of either(A) one or more bedroom(s)or(B) an attached/detached casita or accessory dwelling unit with up to two living units, on a property that is the owner's primary residence, where the owner is resident during the entire rental stay. "All STVRs would require a permit and business license to operate. -Owner/operator will include city-issued permit number on all online listings. -The STVR permit would require compliance with the following operating agreements: oA permit fee shall be established in an amount to be determined by resolution of the City Council. oThe permit shall be limited to the property owner's primary residence and one additional on-site dwelling unit. oRegistration for a Transient Occupancy Tax (TOT) Certificate and collection and remittance of the TOT shall be required, consistent with current City regulations. oOccupancy limits of two (2) persons per bedroom plus two (2) per dwelling unit. oThe c number of vehicles for overnight occupants shall not exceed the number of designated on-site parking spaces on the property. oThe short-term rental property shall not be used for any use or event that would require a local event or temporary event permit, or other regulatory permission. oThe host/operator shall post in a conspicuous location "house rules" or a "good neighbor code of conduct"that includes reference to local regulations related to noise, nuisance, and trash. oThe owner/operator will self-certify that they comply with all local, state, and federal health and safety requirements, including those related to fire extinguishers, smoke detectors, and CO2 detectors. oThe owner/operator must provide a designated 24-7 local contact. oThe 24-7 local contact must respond to any complaint related to the short-term occupancy of the property within 1 hour. -Where the property is part of any Homeowners Association (HOA), a short-term rental permit shall not be issued without written authorization from that HOA. -Where short-term rentals are prohibited by Covenants, Conditions, and Restrictions(CC&R). -Escalating penalties shall be established for verified violations. "A process for permit revocation shall be incorporated. "A process to appeal violations shall be established. City Council Recommended Action: Planning Commission Recommended Action: r- Staff Recommended Action: r Planning Commission and Staff Recommended Action r Public Financing Authority Recommended Action r Housing Authority Recommended Action: r Successor Agency Recommended Action r- Plain Text r HTML "ZP B I if AN "4 :r A WI In Fonl v Size v Formatting v Style _. _ vv]�Insert v http://imaging08/sire/agenda/actions.aspx?meetid=684&itemid=26956 2/12/2018 SIRE WebCenter: Meetings Page 2 of 2 Add Detail Add From List Update Detail Delete Detail Up Down WebCenter Powered by SIRE Technologies©2018 http://imaging08/sire/agenda/actions.aspx?meetid=684&itemid=26956 2/12/2018