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City of Huntington Beach
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File #: 19-435 MEETING DATE: 4/15/2019
REQUEST FOR CITY COUNCIL ACTION
SUBMITTED TO: Honorable Mayor and City Council Members
SUBMITTED BY: Fred A. Wilson, City Manager
PREPARED BY: Antonia Graham, Assistant to the City Manager
Subject:
City Council position on legislation pending before Congress and the State Legislature as
recommended by the City Council Intergovernmental Relations Committee (IRC)
Statement of Issue:
On March 27, 2019, the Intergovernmental Relations Committee comprised of Mayor Erik Peterson,
Mayor Pro Tem Lyn Semeta, and Council Member Jill Hardy met to discuss pending Federal and
State legislation. This Council Action requests City Council authorization to enable the Mayor to sign
official City position letters.
Financial Impact:
There is no fiscal impact associated with these position letters.
Recommended Action:
A) Approve a City position of Support on H.R. 976 - Air Traffic Noise and Pollution Expert
Consensus Act of 2019 (Lynch); and,
B) Approve a City position of Oppose on Assembly Bill 1731 (Horvath) - Short Term Rentals:
Coastal Zone.
Alternative Action(s):
Do not approve and recommend actions and direct staff accordingly.
Analysis:
The Intergovernmental Relations Committee (IRC) met to discuss pending Federal and State
legislation along with regional issues. The Committee reviewed the 2019 State Legislative Matrix
provided by the City's Federal and State Advocate Townsend Public Affairs. The following is an
analysis of the bills that the Committee chose to take the following positions on:
➢ SUPPORT - H.R. 976 - Air Traffic Noise and Pollution Expert Consensus Act of 2019
(Lynch - D. MA)
City of Huntington Beach Page 1 of 2 Printed on 4/11/2019
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File #: 19-435 MEETING DATE: 4/15/2019
The City recently convened a Jet Noise Commission tasked with advising the City Council on
matters relating to commercial jet noise. The Commission met and discussed the impacts of
Next Gen and requested that the Intergovernmental Relations Committee review and take a
position on this bill. Introduced in the House of Representatives by Congressional Member
Lynch from Massachusetts, this bill if signed into law would direct the Administrator of the
Federal Aviation Administration to enter into appropriate arrangements with the National
Academy of Sciences, Engineering, and Medicine to provide for a report on the health impacts
of air traffic noise and pollution.
➢ OPPOSE -Assembly Bill 1731 (Horvath) - Short Term Rentals: Coastal Zone
Existing law requires a hosting platform, to provide specific notice to an occupant listing a
residence for short-term rental on a hosting platform that states, among other things, that, if
the occupant is a tenant, listing the room, home, condo, or apartment may violate the lease or
contract and could result in legal action by the landlord.
This bill would authorize a hosting platform to make available a residentially zoned or
residentially used unit within a residential property that is located within the coastal zone as a
short-term rental 365 days per year if the primary resident lives onsite of the residential
property full time. The bill would prohibit a hosting platform from making available residential
property that is located within the coastal zone in which the primary resident does not live
onsite full time as a short-term rental for more than 30 days per year, unless the primary
resident makes the residential property available as a short-term rental in accordance with the
Lower Coastal Accommodations Program administered by the State Coastal Conservancy.
The City is represented on the League of California Cities - Coastal Cities Issues Group by
Council Member Jill Hardy and this was a bill that was sent for comment staff at the League.
Assembly Member Horvath's intent was to create legislation that sets the minimum standards
governing short-term rentals in the coastal zone. This bill would effectively take away local
control from coastal cities and mandate a short term rental program by creating a legislative
mandate that sets "minimum standards" that the local jurisdiction may not agree with.
Environmental Status:
Not Applicable.
Strategic Plan Goal:
Enhance and maintain high quality City services
Attachment(s):
1. H.R. 976 (Lynch)
2. Assembly Bill 1731 (Horvath)
City of Huntington Beach Page 2 of 2 Printed on 4/11/2019
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4/3/2019 Text-H.R.976-116th Congress(2019-2020):Air Traffic Noise and Pollution Expert Consensus Act of 2019 I Congress.gov I Library of Co...
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H.R.976 - Air Traffic Noise and Pollution Expert Consensus Act of 2019
116th Congress(2019-2020) 1 Get alerts
Summary(0) Text(1) Actions(3) Titles(2) Amendments(0) Cosponsors(18) Committees(1) Related Bills(0)
There is one version of the bill.
Text available as: XML/HTML XML/HTML(new window) TXT PDF (PDF provides a complete and accurate display of this text.)?
Shown Here:
Introduced in House(02/05/2019)
116TH CONGRESS
1ST SESSION 976
I_I• R.
To direct the Administrator of the Federal Aviation Administration to enter into appropriate arrangements with the
National Academies of Sciences, Engineering, and Medicine to provide for a report on the health impacts of
air traffic noise and pollution, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
FEBRUARY 5, 2019
Mr. LYNCH (for himself, Mr. KRISHNAMOORTHI, Mr. TED LIEU of California, Ms. EsHoo, Mr. RASKIN, Mr. SMITH of Washington,
Mr. QUIGLEY, Mr. SHERMAN, MS. BROWNLEY Of California, Mr. LIPINSKI, Mr. LOWENTHAL, MS. SPEIER, MS. JUDY CHU Of
California, Mrs.NAPOLITANO, Ms. SCHAKOWSKY, Ms. BASS, Ms.NORTON, Mr. Suozzi, and Miss Rice of New York)
introduced the following bill; which was referred to the Committee on Transportation and Infrastructure
A BILL
To direct the Administrator of the Federal Aviation Administration to enter into appropriate arrangements with the
National Academies of Sciences, Engineering, and Medicine to provide for a report on the health impacts of
air traffic noise and pollution, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress
assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the "Air Traffic Noise and Pollution Expert Consensus Act of 2019".
SEC. 2. HEALTH IMPACTS OF AIR TRAFFIC NOISE AND POLLUTION.
(a) STUDY. The Administrator of the Federal Aviation Administration shall enter into appropriate
arrangements with the Health and Medicine Division of the National Academies of Sciences, Engineering, and
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Medicine under which the Division will
(1) not later than 30 days after the date of enactment of this Act, convene a committee of experts in
health and environmental science to examine the various health impacts of air traffic noise and pollution; and
(2) issue a corresponding expert consensus report that sets forth current scientific knowledge relating to
the various health impacts of air traffic noise and pollution.
(b) REPORT.—Upon completion of the consensus report, the Division shall transmit the report to
(1)the Administrator;
(2) the Secretary of Health and Human Services;
(3) the Administrator of the Environmental Protection Agency;
(4) the Committee on Transportation and Infrastructure and the Committee on Oversight and Reform of
the House of Representatives; and
(5) the Committee on Commerce, Science, and Transportation and the Committee on Homeland Security
and Governmental Affairs of the Senate.
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CALIFORNIA LEGISLATURE-2019-20 REGULAR SESSION
ASSEMBLY BILL No. 1731
Introduced by Assembly Member Boerner Horvath
February 22, 2019
An act to add Section 22596 to the Business and Professions Code,
relating to business.
LEGISLATIVE COUNSEL'S DIGEST
AB 1731,as introduced,Boerner Horvath. Short-tenii rentals: coastal
zone.
Existing law requires a hosting platform, as defined, to provide a
specific notice to an occupant listing a residence for short-term rental
on a hosting platform that states, among other things, that, if the
occupant is a tenant,listing the room,home,condominium,or apartment
may violate the lease or contract and could result in legal action by the
landlord, including possible eviction.
This bill would authorize a housing platform to make available a
residentially zoned or residentially used unit within a residential property
that is located within the coastal zone as a short-term rental 365 days
per year if the primary resident lives onsite of the residential property
full time. The bill would prohibit a housing platfoliii from making
available residential property that is located within the coastal zone in
which the primary resident does not live onsite full time as a short-term
rental for more than 30 days per year,unless the primary resident makes
the residential property available as a short-term rental in accordance
with the Lower Cost Coastal Accommodations Program administered
by the State Coastal Conservancy. The bill would also require the
housing platform facilitator of the short-teiiii rental to be responsible
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AB 1731 —2—
for collecting and remitting applicable transient occupancy taxes, as
specified.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
The people of the State of California do enact as follows:
1 SECTION 1. The Legislature finds and declares all of the
2 following:
3 (a) California is in the midst of a statewide affordable housing
4 crisis; while concurrently experiencing a proliferation of
5 unregulated short-term rentals (STRs) of residential units.
6 (b) The housing shortage is particularly acute in the coastal
7 zone, where housing can be much more difficult to approve than
8 elsewhere in the state, and any unit removed permanently from
9 the zone's housing stock is difficult, if not impossible, to replace.
10 (c) The recent spike of short-term rentals of residential units
11 reduces the availability of already scarce affordable housing in
12 many communities,and additionally increases undisclosed tourist
13 traffic and compounds demands on local public service providers.
14 (d) Promulgated by affluent investor activity,affordable housing
15 stock diminishes as long-term rentals are snatched up to turn a
16 quick profit in the short-teiiii rental market while transforming
17 quiet coastal neighborhoods into year-round hotel zones as visitors
18 use short-term rentals as crash pads.
19 (e) Moreover, it is insurmountably cost-prohibitive for most
20 communities,neither the host who makes residences available for
21 occupancy for fewer than 30 days,nor the hosting platforms collect
22 and remit applicable transient occupancy taxes,which were put in
23 place for the funding of critical community services.
24 (f) Currently,cities and counties are wrestling with best practices
25 for online short-term rental companies, not only to retain a
26 sufficient housing market,but to obtain the information they need
27 to enforce local laws and collect taxes on overnight stays.
28 (g) Municipalities in the coastal zone face an additional barrier
29 to regulating short-term rentals, as the California Coastal
30 Commission has found that "coastal access" includes short-term
31 rentals and has rejected local ordinances intended to minimize or
32 ban the number of these types of rentals in residential areas.
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-3— AB 1731
1 (h) In the decade since the popularization of the online home
2 sharing industry, San Diego's estimated inventory of short-term
3 rentals has grown to more than 11,000, the majority of which are
4 entire homes that are being rented out for short-term stays,
5 according to the data analytics firm Host Compliance.
6 (i) Housing units that rent on a short-term basis, less than 30
7 days at a time, for the entire year by definition remove housing
8 stock from the coastal zone, and fly in the face of our state's
9 housing goal of providing for 3,500,000 additional housing units
10 on the market by 2025.
11 SEC.2. Section 22596 is added to the Business and Professions
12 Code, immediately following Section 22594, to read:
13 22596. (a) A housing platform shall not make available
14 residential property located within the coastal zone as a short-term
15 rental unless one of the following is met:
16 (1) If the primary resident lives onsite of the residential property
17 full time,the housing platform may make a residentially zoned or
18 residentially used unit within the residential property available as
19 a short-term rental 365 days per calendar year.
20 (2) (A) If the primary resident does not live onsite of the
21 residential property full time,the housing platform shall not make
22 available the residential property as a short-term rental for more
23 than 30 days per calendar year.
24 (B) Notwithstanding subparagraph (A), if the primary resident
25 makes the residential property available as a short-term rental in
26 accordance with the Lower Cost Coastal Accommodations Program
27 administered by the State Coastal Conservancy pursuant to Chapter
28 10(commencing with Section 31411)of Division 21 of the Public
29 Resources Code, the housing platform may make the residential
30 property available as a short-term rental 365 days per year.
31 (b) This section does not supersede any local requirement to
32 obtain a permit in order to make a residential property available
33 as a short-term rental or to supersede the authority of a local
34 government to impose that requirement.
35 (c) This section does not apply to limit or supersede any
36 restrictive covenant or other rule that imposes additional restrictions
37 upon the use of the residential property as a short-term rental or
38 prohibit the residential property from being made available as a
39 short-term rental.
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AB 1731 —4-
1 (d) The housing platform facilitator of the short-term rental,for
2 purposes of this section, shall be responsible for collecting
3 applicable transient occupancy taxes, and shall be responsible for
4 remitting those taxes at no additional cost to the local municipality
5 in which the short-term rental is located.
6 (e) For purposes of this section, "coastal zone" has the same
7 meaning as defined by subdivision (a) of Section 30103 of the
8 Public Resources Code.
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