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HomeMy WebLinkAboutContinued from November 16, 2020 - Approve for Introduction ArP"V&_D 1AW AluprroN 7 -0 0i City of Huntington Beach File #: 20-2116 MEETING DATE: 1/19/2021 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Adopt Ordinance No. 4224 amending the Huntington Beach Municipal Code by adding Chapter 5.120 (Short-Term Rentals) Approved for introduction 12/21/2020 - Vote: 7-0 Statement of Issue: The proposed new chapter of the Huntington Beach Municipal Code (HBMC) would establish a set of regulations, standards, and a permitting process for Short-Term Rentals affecting residential districts citywide. The purpose of Chapter 5.120 (Short-Term Rentals) is to protect the character of residential neighborhoods, maintain the long-term rental housing stock, and ensure the collection and payment of Transient Occupancy Taxes (TOT). Financial Impact: Should the City Council vote to amend the Huntington Beach Municipal Code by adding Chapter 5.120 (Short-Term Rentals), the proposed regulations will require the development of application forms and review and approval processes to accommodate the issuance of Short-Term Rental Permits by the Community Development Department, as well as Business Licenses and Transient Occupancy Tax Certificates by the Finance Department. In addition, Code Enforcement and the Police Department staff will respond to complaints relating to short-term rental activities. The proposed amendments to the HBMC is estimated to realize $233,095 annually in TOT and Tourism Business Improvement District (TBID) administrative cost revenues. Additional costs associated with the implementation and regulation of the Short-Term Rental program will be offset by revenues generated from this program. Recommended Action: Adopt Ordinance No. 4224, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 5.120, Regulating Short-Term Rentals" (Attachment 1). Alternative Action(s): Do not approve the recommended action and direct staff accordingly. City of Hunhngton Beach Page 1 of 5 Pnnted on 1/1 312 021 p *e,SW Leg,Slal" File #: 20-2116 MEETING DATE: 1/19/2021 Analysis: At the Strategic Planning Retreat in February 2019, the City Council directed staff to conduct a study session on the opportunities and challenges associated with short-term rentals. At the September 3, 2019, City Council Study Session, staff presented an overview of short-term rentals in Huntington Beach, and provided case studies of four coastal cities (Carlsbad, Carpinteria, Newport Beach, Pismo Beach), as well as the range of approaches in regulating short-term rentals in the coastal zone. At the September 21, 2020, City Council meeting, staff presented additional information regarding short-term rentals, including three regulatory framework alternatives (low threshold, medium threshold, high threshold) and a fiscal impact analysis. By a vote of 6-0-1 (Brenden), the City Council directed staff to prepare an Ordinance regulating Short-Term Rentals with the High Threshold Regulations. At the November 16, 2020, City Council meeting, staff presented a draft Short-Term Rentals ordinance. The item was continued to the December 21, 2020 meeting to allow the incoming Council with the opportunity to discuss this issue. Although the item was continued, the following items were brought up during the meeting: — Number of STRs allowed for multi-family properties — STR permit number required on Hosting platforms — STR application process — Response to complaints process — Maximum number of occupants in a STR — Local contact person privacy — Annual renewal of STRs — Platform responsibilities and fines for violations — Staffing for STRs processing and enforcement — No limits on number of STR permits allowed citywide — Distance requirement for STRs As a result of input received during the November 16, 2020, City Council meeting, minor changes to the ordinance have been made. A redlined version of those changes is included in Attachment 2. Regulatory Framework The draft Short-Term Rentals (STR) Ordinance includes the following high threshold regulations: — Hosted (owner-occupied) STRs citywide, including Sunset Beach — Un-hosted STRs in Sunset Beach within 6 months of the effective date of the resolution establishing the permit fees — STR as a legally permitted dwelling unit; ADUs or junior ADUs may be permitted as a STR if legally established prior to the effective date of this Ordinance — STR permit required — STR permit annual renewal — One STR per property (single-family, duplex and triplex properties and rental properties of any size) — Up to three STRs per property (on ownership properties with 4 or more units, i.e., condominiums, townhomes) City of Huntington Beach Page 2 of 5 Printed on 1/13/2021 aowere604 Legrstar" File #: 20-2116 MEETING DATE: 1/19/2021 — TOT (Tourism BID payment should the Huntington Beach Tourism Business Improvement District take appropriate action to include STR's in TBID) — Maximum number of occupants per STR (two persons per bedroom, plus two additional guests, including children; maximum 10 persons in any STR at one time including the operator) — Minimum age of 25 years old for STR tenants — Local contact person that is available 24 hours per day, 7 days a week to respond within one hour to complaints and take any remedial action necessary to resolve such complaints — Posted notice within the unit with the information relating to the maximum number of occupants, parking location, trash pick-up schedule, emergency contact information, and evacuation plan — Posted notice in a conspicuous place with the information relating to the STR permit and conditions, name and phone number of the local contact person — Events prohibited — Compliance with Noise Ordinance — Conformance with Covenants, Conditions, and Restrictions (CC&Rs) — City-issued STR registration number included in any STR — Maintain liability insurance appropriate to cover the STR The proposed regulations for short-term rentals provide appropriate regulations and permit processes to reduce operational impacts of short-term rentals properties and preserve residential neighborhood character. Other requirements, such as Code Enforcement, Building, and Fire inspections prior to permit issuance, 500-foot radius notification to adjacent properties, and liability insurance amount will be reflected in the STR Permit application and required at the time of submittal. The un-hosted STRs in Sunset Beach offer an opportunity to evaluate data and experiences to test the City's ability to effectively manage a less restrictive regulatory structure. Staff will provide annual reports, or upon request, summarizing data. This information may be used by the City Council to refine the regulatory framework in the future, if desired. Fiscal Impact AnalVsis The City obtained an updated fiscal analysis showing potential revenue projections, which is provided as Attachment 3. The data collected for the fiscal impact analysis were from STR listing sites to represent a snapshot of the STR market in Huntington Beach from May 2019 through April 2020. The revenues are divided into three subareas (Sunset Beach, Downtown, the rest of Huntington Beach) and by rental type (entire unit, private room, shared room). STRs in Huntington Beach are estimated to generate a total of $8,738,294 in expenditures (i.e., revenue for STR operators). Applying the TOT rate of 10% and the City's 1% share of the TBID assessment, the City would receive $873,829 in TOT revenue and $3,495 in TBID revenue annually. The tables below provide more detailed revenue information: City of Huntington Beach Page 3 of 5 Printed on 1l13/2021 oower[504 Legislar" File #: 20-2116 MEETING DATE: 1/19/2021 Table 1: City STR Revenue by Subarea Total TOT TBID Expenditures (City Share) 10% 1% of TBID Sunset Beach $1,484,977 $148,498 $594 Downtown $3,615,687 $361,569 $1,446 Rest of City $3,637,630 $363,630 $1,455 Total $8,738,294 $873:829 $3,495 Table 2: City STR Revenue by Rental Type Total TOT TBID Expenditures (City Share) 10% 1% of TBID Entire Unit $7,846,779 $784,678 $3,139 Private Room $891,345 $89,135 $357 Shared Room $170 $17 $0 Total $8,738,294 $873,829 $3,495 Table 3 below summarizes the City revenues for allowing all types of STRs (i.e., entire unit, private room, and shared room) in Sunset Beach, and hosted rentals (i.e., private rooms and shared rooms) in the rest of the City. Table 3: STR Revenue from Council-Recommended Program Total TOT TBID Expenditures (City Share) 10% 1% of TBID City-wide: Private Rooms $836,510 $83,651 $335 City-wide: Shared Rooms $170 $17 $0 Sunset Beach: All Rental Types $1,484,977 $148,498 $594 Total $2,321,657 $232,166 $929 Environmental Status: The amendment to the Huntington Beach Municipal Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, because there is no potential for the amendment to have a significant effect on the environment. Strategic Plan Goal: Strengthen long-term financial and economic sustainability City of Huntington Beach Page 4 of 5 Printed on 1/13/2021 xwerE505 Legrstar T� File #: 20-2116 MEETING DATE: 1/19/2021 Attachment(s): 1. Ordinance No. 4224 2. Ordinance No. 4224 Redlined 3. Updated Fiscal Analysis 4. November 16, 2020 Request for City Council Action City of Huntington Beach Page 5 of 5 Printed on 1/13/2021 powere5AG Legistar" ORDINANCE NO. 4224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5.120, REGULATING SHORT-TERM RENTALS The City Council of the City of Huntington Beach ordains as follows: Section 1. The Huntington Beach Municipal Code is amended by adding Chapter 5.120 to read as follows: CHAPTER 5.120 SHORT-TERM RENTALS 5.120.010 Purpose. The purpose of this Chapter is to establish regulations, standards, and a permitting process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short-term basis in order to maintain the long-term rental housing stock in the City: ensure the collection and payment of Transient Occupancy Taxes ("TOT"); safeguard the residents of the City of Huntington Beach by ensuring that Short-Term Rental activities do not threaten the character of residential neighborhoods: and ensuring that such Short-Term Rental activities do not become a nuisance, or threaten the public health, safety, or welfare of neighboring properties. This Chapter will establish two Zones in the City where Short-Term Rentals are permitted. Zone 1 will consist of all areas of the City excluding Sunset Beach. Zone 2 will consist of Sunset Beach. In Zone 1 and Zone 2, Short-Term Rentals are permitted in owner occupied residential dwelling units as set forth herein. In Zone 2 Short-Term Rentals are permitted for existing owner "un occupied" residential dwelling units who obtain a permit within six (6) months of the effective date of the resolution establishing the permit fee(s). After six (6) months, no new permits for owner un occupied residential dwelling units will be issued. 5.120.020 Definitions. A. 'Booking Transaction" means any reservation and/or payment service provided by a person or entity who facilitates a Short-Term Rental transaction between a prospective guest and a Short-Term Rental Host or Operator. B. "City" means City of Huntington Beach. C. "Director' means the Director of Community Development or a designee. D `'Guest" means any person or persons renting a Short-Term Rental as a transient occupant. E. "Host' means a property owner who is an occupier of the property at the time of, and for the duration of, the Short-Term Rental. F. "Hosted Stay" means a Short-Term Rental at a Primary Residence whereby the Host occupies the Short-Term Rental property and remains on-site and resides in a habitable 10-9013/239671 1 ORDINANCE NO. 4224 dwelling unit or portion thereof throughout the Guest's stay (except during daytime and/or work hours). G. "Hosting Platform" means a person or entity that participates in the Short-Term Rental business in exchange for a fee or other compensation; directly or indirectly through an agent or intermediary, by conducting a Booking Transaction for a Hosted or Un Hosted Short- Term Rental using any medium of facilitation. H. "Local Contact Person' means the Operator or Host or person designated thereof to respond to and take remedial action regarding Short-Tema Rental issues or complaints. I. "Platform Agreement' means a signed agreement between a Hosting Platform and the City, which, among other things, provides that the Hosting Platform will collect and submit Transient Occupancy Tax and any Improvement District Assessment established pursuant to California Streets and Highways Code sections 36500 and 36600 to the Cite on behalf of Short- Term Rental Hosts or Operators. J. "Primary Residence" means a person's permanent residence or usual place of return for housing as documented by at least two (2) of the following: driver's license; voter registration; tax documents showing the residential unit as the person's residence; or a utility bill. K. "Prohibited Buildings List" means a list identifying the address(es) of all buildings whose owner(s), including any applicable homeowners' association or board of directors, have notified the City, pursuant to City procedures, that Short-Term Rentals are not permitted to operate anywhere in such building, including deed restricted affordable housing units. L. "Short-Term Rental ("STR")" means a residential dwelling unit, or portion thereof, that is offered or provided to a paying Guest(s) by a Short-Term Rental Host or Operator for thirty (30) or fewer consecutive nights. The term "Short-Term Rental" shall not include hotels, motels. inns, or bed and breakfast inns. M. "Short-Term Rental Advertisement' means any method of soliciting use of a dwelling unit for Short-Term Rental purposes. N. "Short-Term Rental Operator' or "Operator' means property owner of a dwelling unit in Sunset Beach, or portion thereof, who offers or provides that dwelling unit, or portion thereof. for an Un Hosted Short-Term Rental. 0. "Short-Term Rental Permit' or "Permit" means a Permit, with a Permit number, issued by the City to allow Hosted or Un Hosted Short-Term Rentals. P. "Short-Term Rental Tenant' means a person who has entered into a Short-Term rental agreement for a dwelling unit in exchange for Short-Term occupancy of the dwelling unit. Q. "Transient Occupancy "Fax" ("TOT") means local Transient Occupancy Tax as set forth in Chapter 3.28 of the Huntington Beach Municipal Code. R. "Un Hosted Short-Term Rental" means a Short-Term Rental in Sunset Beach, where there is no Host and the Operator resides off-site during the Guest's stay. S. "Zone I" means the City of Huntington Beach excluding the property located within the Sunset Beach Specific Plan. 20-9013f'39671 2 ORDINANCE NO. 4224 T. "Zone 2" means property located within the Sunset Beach Specific Plan. 5.120.030 Permit Required. A. No person or entity shall advertise, rent, or operate a Short-Term Rental (STR) in the City unless a Permit has been issued by the City pursuant to this Chapter. An Operator or Host of the STR shall apply with the City to obtain a Permit and shall be responsible for complying with all requirements of this Chapter. Application for a STR Permit shall be in a form prescribed by the Director and include all information determined by the Director to be necessary to evaluate the eligibility of the Host or Operator, consistent with this Chapter. B. An application for a STR Permit shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. C. S-IR Hosts or Operators shall apply for STR Permit pursuant to this Chapter. Existing unpermitted STR Hosts or Operators shall apply for a STR Permit within six months after the effective date of resolution adopting the STR Permit fee. The Host or Operator shall provide proof of property ownership and shall be the person that signs the application. D. A STR Permit is valid for one (1) year from the date of issuance. The STR Permit is personal and may not be transferred or assigned and does not run with the land. A STR Permit may be renewed annually if STR Operator or Host: (1) pays the renewal fee; (2) provides information concerning any changes to the previous application for; or renewal of, the STR Permit; (3) submits records to demonstrate compliance with this Chapter as required by the Director. Failure to submit a renewal application to the City at least thirty (30) days prior to the expiration of the STR Permit shall render the STR Permit and permission to operate an STR null and void. E. STR Permits issued pursuant to this Chapter are subject to the following standard STR permit conditions: 1. The Host or Operator shall, by written agreement with the Tenant, limit overnight occupancy of the STR to a specific number of occupants, with the number of occupants not to exceed that permitted by the provisions of this Section. 2. The Host or Operator shall insure that the occupants and/or guests of the STR do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions any Federal, State, or Local (including the Huntington Beach Municipal Code) law pertaining to noise, disorderly conduct, the consumption of alcohol. or the use of illegal drugs. 3. The Host or Operator shall, upon notification that occupants and/or guests of his or her STR have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of any Law, including those pertaining to noise,disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a recurrence of such conduct by those occupants or guests. 4. The Host or Operator of the STR unit shall post a copy of the STR Permit and the STR Permit conditions in a conspicuous place within the STR. 20-9013239671 ORDINANCE NO. 4224 5. The Host or Operator shall provide a Guest parking plan to the City for approval prior to issuance of a STR Permit. 6. The maximum number of. guests who may occupy the STR at one time is two persons per bedroom, plus two additional guests (including children). Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of the occupancy calculation. In no event may the maximum occupancy exceed ten (10) persons in any STR. Large-scale events (i.e., exceeding maximum allowed occupancy) such as commercial parties, weddings, fundraisers, and conferences, are prohibited. 1.. Eligibility requirements. In addition to any specific STR Permit requirements set forth the by the Director, the following requirements must be met at the time of submitting a STR Permit application: I. The dwelling unit shall not be a deed restricted affordable housing unit, in a special group residence, a Single Room Occupancy (as defined by the City Zoning Code); or included on the Prohibited Buildings List. 2. The Operator or Host shall not be granted a permit for more than one STR within the City of Huntington Beach (including Sunset Beach). I. There will only be one STR permit issued per property except in multi- family single lot subdivisions (i.e. condominiums or townhomes) the number of STR Permits allowed shall be as follows: Number of units per property Number of STR Permits Up to 3 1 4 or more 3 4. The STR Operator shall identify. to the satisfaction of the City, a Local Contact Person, who shall be available twenty-four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints regarding the condition, operation, or conduct of the STR or its occupants; and (2) taking any remedial action necessary to resolve such complaints. In the event the STR is "hosted", the Host shall be the Local Contact Person. 5. The dwelling unit or property used as a STR shall not be the subject of any active or pending code enforcement actions or violations pursuant to the City's Municipal Code. 6. If the dwelling unit or property used as a STR is subject to the rules of a homeowners' or condominium association. Short-Term Rental activity must comply with those rules and this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions of those homeowners' or condominium associations. 7. The Host or Operator shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Huntington Beach. the City Council of the City of 20-90131239671 4 ORDINANCE NO. 4224 Huntington Beach, individually and collectively, and the City of Huntington Beach representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits,judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the STR Host or Operator's actions or inaction in the operation, occupancy, use, and/or maintenance of the Short-Term Rental. 8. The STR shall be a legally permitted dwelling unit. Accessory Dwelling Units or Junior Accessory Dwelling Units may be, permitted as a STR only if the unit was legally established prior to the effective date of this Ordinance and otherwise meets the requirements of this Chapter. G. The Host/Operator shall provide proof that the STR is not prohibited by the Homeowners' Association Conditions Covenants and Restrictions or any other community standards/guidelines, applicable to the proposed STR. 5.120.040 STR Regulations. A. All marketing and advertising of a STR, including any listing on a Hosting Platform, shall clearly list the City-issued STR Permit number. B. STR is prohibited in any part of the property not approved and permitted for residential use including, but not limited to, vehicle(s) parked on the property, storage sheds, trailer(s), garage(s), boat(s) or similar watercraft, tree house(s), or any temporary structure(s), including, but not limited to, tent(s). C. Un Hosted STRs are prohibited in the City of Huntington Beach except in Zone 2. Existing Un Hosted STRs in Sunset Beach have 6 months from effective date of the adoption of a resolution establishing a STR Permit Fee to obtain a STR Permit. D. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the Guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information: 1. The maximum number of occupants permitted in the unit; 2. Location of parking spaces; 3. Trash and recycling pickup information; 4. Emergency contact information for police, fire, or emergency medical services; and 5. Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations. E. The name of the local contact and a telephone number at which that person may be reached on a twenty-four (24) hour basis posted in a place that can be read by a member of the public without entering the STR. F. No sign shall be posted on the exterior of the STR to advertise the availability of the unit. G. It is unlawful for any STR Operator, Host, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to cause 20-9013239671 5 ORDINANCE NO. 4224 to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area; or which violates any provision of Chapter 8.40 ("Noise Control") of the Huntington Beach Municipal Code. H. The minimum age of STR Tenants shall be 25 years old. 1. Following compliance with California Streets and Highways Code 36600 et al.. STRs will become part of the Huntington Beach Tourism Business Improvement District (BID) and comply with all requirements including payment of legally established BID Assessments. J. The City will post STR contact information on the City website for the public to access. K. An STR may not be operated as any other commercial home-based business. 5.120.050 STR Host or Operator Requirements. A. The Host or Operator shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements to prospective guests, prior to their occupancy. B. The Host or Operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes: and information related to emergency exit routes on the property; local contact, and emergency contact information. C. The Host or Operator shall maintain and provide proof of liability insurance appropriate to cover the STR as required by the City. D. Transient Occupancy Taxes shall be collected on all STRs pursuant to Huntington Beach Municipal Code Chapter 3.28. If a Hosting Platform does not collect payment for the rental, Hosts or Operators are solely responsible for the collection of all applicable TOT and remittance of the collected tar to the City in accordance with Chapter 3.28 (Uniform Transient Occupancy Tax). Upon compliance with California Streets and 1-lighways Code 36600 et al., the Host or Operator shall also be responsible for collection and remittance of all BID Assessments. If a Hosting Platform does collect payment for the STRs, then the Hosting Platform and the Operator and Host shall both have legal responsibility for the collection and remittance of the TOT and BID Assessment. E. The Operator, Host and/or property owner shall be jointly responsible and liable for any licit or illicit activity which may create a nuisance or other tortious violations arising at a STR. F. The Host or Operator shall authorize any Hosting Platform on which his or her STR(s) is listed to provide to the City the operator listing and other information to demonstrate compliance with all provisions of this Chapter. 5.120.060 Hosting Platform Responsibilities. A. Hosting platforms shall not process or complete any Booking Transaction for any STR. unless the STR has a valid current STR Permit issued by the City. Hosting platforms are 20-9013R39671 6 ORDINANCE NO. 4224 required to list the STR Permit number and expiration date. B. Within forty-five (45) days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the City contact information of the Hosting Platform. C. .A Hosting Platform with listings located in the City shall provide to the City on a monthly basis. in a format specified by the City, the STR Permit number of each listing, the name of the person responsible for each listing, the address of each such listing, and; for each Booking Transaction that occurs within the reporting period, the number of days booked, and the total price paid for each rental. D. Hosting Platforms shall remove any listings for STRs, including those on the City's Prohibited Buildings List, from the platform upon notification by the City. E. Hosting Platforms shall be responsible for collecting all applicable TOT and TBID assessments and remitting the same to the City. Should a Hosting Platform fail to fulfill its responsibilities under this Section, or the Hosting Platform and the owner enter into an agreement reearding the fulfillment of this subsection, the owner shall remain responsible for collection and remittance of the TOT and TBID assessments the Hosting Platform failed to collect and/or remit to the City. F. All Hosting Platforms operating in the City must comply with all Federal. State, or Local (including the Huntington Beach Municipal Code) laws. 5.120.070 Enforcement. A. Violations of this chapter include. but are not limited to: 1. Failure of the Local Contact Person to take action to respond to a complaint within one (1) hour after the complaint is received or a contact is attempted, and the Local Contact Person cannot be reached; 2. Failure to notify the City when the Local Contact Person's information changes; 3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter; 4. Providing false or misleading information on a STR Permit application, or other documentation required by this Chapter: 5. Any attempt to rent an unregistered STR by advertising the property for Short-Term Rental purposes; 6. Completing a Booking Transaction in the City without a valid City-issued STR Permit number; 7. Completing a Booking Transaction where the STR Permit has been revoked or suspended by the City; 8. Violations of State, County, or City health, building, or fire regulations; 9. Conduct or activities at the STR that constitute a public nuisance or which otherwise constitute a hazard to public peace; health; or safety; 20-9013Q39671 7 ORDINANCE NO. 4224 10. Authorizing, permitting, facilitating or otherwise allowing any Un Hosted STR occupancy or activity in any dwelling unit in the City, except as legally permitted in Sunset Beach. B. The Fine for violations of any provision of this Chapter shall be one thousand dollars (S 1,000) for each violation. Each separate day in which a violation exists may be considered a separate violation. However, a thirty (30) day waming period shall be provided prior to issuing fines for advertising a STR without a valid STR Permit number. C. If three (3) fines have been issued against a STR Host or Operator within a twelve (12) month period. the STR Permit shall be revoked, or suspended, or additional conditions may be imposed by the Director by providing written notice to the STR Host or Operator setting forth the basis of the intended action and giving the STR Host or Operator an opportunity, within fourteen (14) calendar days, to present responding information to the Director. After the fourteen (14) day period, the Director may determine whether to revoke the STR Permit, suspend the STR Permit, or impose additional conditions upon the STR Permit and thereafter give written notice of the decision to the STR Host or Operator. If a STR Permit is revoked, the STR may not be re-registered with the City for a period of twelve (12) months from the date of revocation- D. The City hereby finds and declares that repeated violations of this Chapter constitute a public nuisance which may be enjoined under all applicable laws including Code of Civil Procedure Section 731. E. Any person, Hosting Platform, or STR Host or Operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to reimburse the City its full investigative and enforcement costs, pay back all unpaid TOT if applicable, and remit all illegally obtained rental related revenue to the City. F. Pursuant to the Huntineton Beach Charter, the City may issue and serve administrative subpoenas as necessary to obtain specific information regarding STR listings located in the City. including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the STR listings comply with this Chapter. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A person, Hosting Platform, or STR operator that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period. G. The remedies provided in this Section are cumulative and not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law. H. The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this Chapter for interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter. 1. If any provision of this Chapter conflicts with any provision of Title 20-25 (Zoning), the terms of this Chapter shall control. 20-9013/239671 8 ORDINANCE NO.4224 5.120.080 Severability Clause. If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be othenvise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses, or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to be severable. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a reeular meeting thereof held on the 19th day of January 12021 Mayor AT I ES_ '&�an4&d APPROVED M: City Clerk ity Attornev Ali/ ER'ED APPROVED: INITIATED AND APPROVED: City \4anager Community Development Director 20-9013239671 9 Ord. No. 4224 STATE OF CALIFORNIA ) COUNTY OF ORANGE ) ss: CITY OF HUNTINGTON BEACH ) I, ROBIN ESTANISLAU, the duly elected, qualified City Clerk of the City of Huntington Beach, and ea-officio Clerk of the City Council of said City, do hereby certify that the whole number of members of the City Council of the City of Huntington Beach is seven; that the foregoing ordinance was read to said City Council at a Regular meeting thereof held on December 21, 2020, and was again read to said City Council at a Regular meeting thereof held on .lanuary 19, 2021, and was passed and adopted by the affirmative vote of at least a majority of all the members of said City Council. AYES: Peterson, Kalmick, Ortiz, Carr, Posey, Moser, Delgleize NOES: None ABSENT: None ABSTAIN: None I,Robin Estanislau,CITY CLERK of the City of Huntington Beach and ex-officio Clerk of the City Council,do hereby certify that a synopsis of this ordinance has been published in the Huntington Beach Wave on January 28,2021 In accordance with the City Chaner of said City. Robin Estanislau, City Clerk City Clerk and ex-officio Clerk Deputy City Clerk of the City Council of the City of Huntington Beach, California Switzer, Donna From: Albert Levassiur <Albert.Levassiur.406623252@p2a.co> Sent: Saturday, January 16, 2021 7:52 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Albert Levassiur 5231 Meadowlark Dr Huntington Beach, CA 92649 SUPPLEMENTAL COMMUNICATION W*VDaW AQende nMn No.: t Switzer, Donna From: Kathryn Levassiur <Kathryn.Levassiur.406647409@p2a.co> Sent: Saturday, January 16, 2021 9:24 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on #18 and "hit pause" on the short-term rental ordinance. My husband Al and I are now 65 and want to utilize our home for short term rental while we are out of town for chunks of time when we visit family in FL. It was said at the recent strategic planning session that seniors don't spend, which 1 agree as most of us are on fixed on limited incomes. By offering our whole home to visitors on a short term basis who have more discretionary dollars to spend on our local businesses, thus supporting them and generating sales tax revenue more than we ever could, plus taxing these transitory stays will generate TOT/TBID revenue while the home would otherwise remain empty while we are away. The STR income we receive will help fund our travels, pay for upkeep, improvements and property taxes of our home and employ a local property manager with knowledge and expertise of the local STR regulations to responsibly tun and hire peripheral staff(cleaning, landscape) that would be a 5-star unhosted vacation rental. I have hosted my neighbor's visiting families, locals displaced by repairs or services (termite tenting) to their homes and visitors from every part of the world and country who want authentic travelling experiences and want to live like HB locals in this paradise we get to call home year round. Please "hit pause" on agenda item #18 and take the time to forth a 3-member STR Council Subcommittee that would listen to those with practical experience and would look at empirical data on STRs in HB & Sunset. We ask you to respect our property rights! We'll get a permit, collect and remit TOT/fBID,promote and direct visitors to shop and dine local - it's a reasonable win/win compromise for all. Regards, Kathryn Levassiur 5231 Meadowlark Dr Huntington Beach, CA 92649 SUPPLEMENTAL COMMUNICATION Meedirg Dote: / //9 ZaZ Aasnoe hem No.: t Switzer, Donna From: Bianca Ung <Bianca.Ung.211522890@p2a.co> Sent: Saturday, January 16, 2021 9:27 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Bianca Ung 606 6th St Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Mae"Dab: lh9/2oZl t Switzer, Donna From: Mirta Seitz <Mirta.Seitz.406650423@p2a.co> Sent: Saturday, January 16, 2021 9:42 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important pan of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Mina Seitz Candlewood Dr Huntington Beach, CA 92646 SUPPLEMENTAL COMMUNICATION Maerrg Deb: /// -�/d D . l Agenda Ibm No.: t Switzer, Donna From: Steve Carlson <Steve.Carlson.406776145@p2a.co> S"t Saturday, January 16, 2021 2:01 PM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council. Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Steve Carlson 8th St Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Mnft Dela: ///941oz/ Ap nds Item Na,� I ��D --� //(,) t Switzer, Donna From: Donald Dupuy <Donald.Dupuy.319685837@p2a.co> Sent: Saturday, January 16, 2021 4:11 PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Donald Dupuy 16765 S Pacific Ave. Huntington Beach, CA 90742 SUPPLEMENTAL COMMUNICATION ►r selnp Deb: 1 h i /"?,a2l Ap nda Ibm No• t Switzer, Donna From: Diann Davisson <Diann.Davisson.406900191 @p2a.co> Sent Saturday, January 16, 2021 S:44 PM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Diann Davisson 315 3rd St Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Mw*V Date. Apalde Ikm No.;_ �8 -c; t Switzer, Donna From: Kevin Plummer <Kevin.Plummer.406903468@p2a.co> Sent Saturday, January 16, 2021 6:08 PM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Kevin Plummer 17270 W Elizabeth Ave Goodyear, AZ 85338 SUPPLEMENTAL COMMUNICATION Apenft IMM W l Z D - 2 //(iJ t Switzer, Donna From: Sail Inc <Sail.Inc.406950114@p2a.co> Sent: Saturday, January 16, 2021 7:27 PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important pan of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Sail Inc 315 3rd St Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION fA e& Deft:__- 11-1 f ZD 2/ Ayerme IMm No: l 8 D -.2 //lo r Switzer, Donna From: Richard rule <Richard.rule.406997951@p2a.co> sent Saturday, January 16, 2021 9:18 PM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council. Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards. Richard rule 16458 Bolsa Chica St Huntington Beach, CA 92649 SUPPLEMENTAL COMMUNICATION Mee" Dana: 1h,g,1,7r,2L Ageria.Mom► o.: /s L11 1 Switzer, Donna From: Maegan Rule <Maegan.Rule.406998743@p2a.co> Sent Saturday, January 16, 2021 9:23 PM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important pan of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Maegan Rule 7811 Shaffer Cir Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION MeeNtg tkle: /�/ZI120.7/ Apentle IMm No.-- l (2D-2//(i t Switzer, Donna From: Dru Kitchen <Dru.Kitchen.211563165@p2a.co> Sent: Sunday,January 17, 2021 7:13 AM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-tern rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Dru Kitchen 4677 Crystal Creek Dr Plano, TX 75024 SUPPLEMENTAL COMMUNICATION Nl AV Dare: I h oG Awl Apnds bmNo. t Switzer, Donna From: Scott B <Scott.B.407283781@p2aco> Sent: Sunday, January 17, 2021 10:24 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Please vote NO on the short-term rental ordinance. I have a property in Huntington Beach that 1 used for short term rental. 1 provided accommodations to visitors with a family who would like to stay in HB in the comfort of a home with rooms for their kids, kitchen, yard, off-street parking, etc. I have strict rules regarding noise, parties, and outside curfew. I have never had a problem with any guests or my neighbors. I am VERY responsible and bring guests who patronize the locals shops and restaurants, that desperately need the business! This is a win for everybody and the revenue is an important source of support for my family. In the way I manage my property, there is literally no downside for the City or it's residents and there is a revenue opportunity for the city through fees. I am not understanding the fairness of allowing short term rentals in Sunset Beach. Why would it be a problem for me and not them? Are they more deserving, more responsible or do they pay more property taxes? Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Scott B PO Box 53 Huntington Beach,CA 92648 SUPPLEMENTAL COMMUNICATION Mae" Data. Agenda RentNo.� /VR0 -2//(o) t Switzer, Donna From: Sail Inc <Sail.Inc.408165141@p2a.co> Sent: Monday,January 18, 2021 9:20 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Sail Inc 315 3rd St Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Mae" oam•_ ��aZDo�/ Agwde neat • / �_ IILO 1 Switzer, Donna From: Jacob Canter <Jacob.Canter.211598798@p2a.co> Sent: Monday, January 18, 2021 10:14 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am wTiting in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Jacob Canter 19662 Occidental Ln Huntington Beach, CA 92646 SUPPLEMENTAL COMMUNICATION Dale: /�/a1/11-7 1 Agenda Ibm No: / Zo— /(� Switzer, Donna From: Manny Moreno <Manny.Moreno.408472203@p2a.co> Sent Monday, January 18, 2021 4:55 PM To: supplementalcomm@surfciry-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Manny Moreno 405 15th St Manhattan Beach, CA 90266 SUPPLEMENTAL COMMUNICATION MeWq Deb: I1i91-20.21 Agsttd.Nam Na, t Switzer, Donna From: tony diaz <tony.diaz.408571609@p2a.co> Sent: Monday, January 18, 2021 7:20 PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, tony diaz 123 IOth St Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION M Wft Dew. / /qyw Zl AqW d.lbm► o., r'8 2p -z* t Switzer, Donna From: Judy Jew <JudyJew.408583002@p2a.co> Sent: Monday, January 18, 2021 7:57 PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council. Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important pan of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Judy Jew 17201 Sims Lane Huntington Beach, CA 92649 SUPPLEMENTAL COMMUNICATION It%*q Dole:_ 1110 1o.2 / 5 T Switzer, Donna From: Andre Valdez <Andre.Valdez.408784801@p2a.co> Sent: Tuesday, January 19, 2021 8:02 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Andre Valdez 19802 Isthmus Ln Huntington Beach, CA 92646 SUPPLEMENTAL COMMUNICATION 11 iltpDeb: t Switzer, Donna From: Waltraud Mattern <Waltraud.Mattern.211588339@p2a.co> Sent Tuesday, January 19, 2021 8:25 AM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important pan of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Waltraud Mattem 601 Narcissus Ave Newport Beach. CA 92625 SUPPLEMENTAL COMMUNICATION DOW Z jzo� t Switzer, Donna From: joseph Anello <josephAnello.211588339@p2a.co> Sent: Tuesday,January 19, 2021 8:27 AM To: supplementalcomm@surfcity-hb.org Subject; Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, joseph Anello 328 11 th St Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Agw de Item No: t Switzer, Donna From: Rookie K. <Rookie.K.408787691@p2a.co> Sent: Tuesday,January 19, 2021 8:33 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Rookie K. 2153 Harmony Way Costa Mesa, CA 92627 SUPPLEMENTAL COMMUNICATION 'I go Bob: 1//g/2Q21 Apartda Ikm tro /.4� ,20 -.2 Ll 4 r Switzer, Donna From: Lauren T. <Lauren.T.408787871 @p2a.co> Sent Tuesday, January 19, 2021 8:35 AM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Lauren T. 2341 Coyote Costa Mesa, CA 92627 SUPPLEMENTAL COMMUNICATION Agende ram t Switzer, Donna From: Jay C. <Jay.C.408788203@p2a.co> Sent Tuesday, January 19, 2021 8:39 AM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Tian Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Jay C. 324 Clay Newport Beach, CA 92660 SUPPLEMENTAL COMMUNICATION ANeNrq Deb. � �/C14?,Q Apende Um No. t Switzer, Donna From: Danielle W. <Danielle.W.408788384@p2a.co> Sent: Tuesday, January 19, 2021 8:41 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Danielle W. 8213 Pepper Newport Beach, CA 92660 SUPPLEMENTAL COMMUNICATION Mee" Dees: �kel-- Za?I t Switzer, Donna From: Linda Kalicki <Linda.Kalicki.211543202@p2a.co> Sent: Tuesday, January 19, 2021 10:24 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Linda Kalicki 6741 Marilyn Dr Huntington Beach, CA 92647 SUPPLEMENTAL COMMUNICATION / 2 Apnda hem t Switzer, Donna From: Julie Kimmel <Julie.Kimmel.21 1 6941 1 5@p2a.co> Sent: Tuesday, January 19, 2021 10:22 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Julie Kimmel 611 I lth St Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Meeting Dote: / ligl'ZI Agenda Item No. �g �O - t Switzer, Donna From: info@hbstra.org Sent: Tuesday, January 19, 2021 9:54 AM To: supplementalcomm@surfcity-hb.org Subject: Public Comment Submission #1 for Agenda Item 18 Dear City Clerk Estanislau, The following is an anonymous public comment submission through our https:ljwww.hbstra.org/share-your-story website for STIR agenda item #18: "What group should we submit your comments under?: Host - I share my home with guests visiting Huntington Beach Your Letter/ Comments: First, why does sunset beach get approval but not HB?Seams discriminatory I All other communities allow short term rental --yes they need to be regulated. But to tell someone what they can or cannot do with their property is just not acceptable. I work part of the year out of town and this allows us to maintain our property and keep it safe from all the homeless. Why don't you do something about the homeless who are over taking our community. At the rate they are people will not want to visit anyway. In addition, there people are spending money in our community. This is how your salaries are being paid. Don't you get it.... Regulate yes. But to have a rule that the owner must be on property when the home is rented is the most stupid thing I ever heard." Sincerely, r Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.org lWebsite: https://www.hbstra.org/ SUPPLEMENTAL COMMUNICATION Mill Date. Agenda Mem►+� ��!- T t Switzer, Donna From: info@hbstra.org Sent: Tuesday, January 19, 2021 9:56 AM To: supplementalcomm@surfcity-hb.org Subject: Public Comment Submission #2 for Agenda Item 18 Dear City Clerk Estanislau, The following is an anonymous public comment submission through our httos://www.hbstra.orqZshare--yoLir-story website for STR agenda item #18: "What group should we submit your comments under?: Host - I share my home with guests visiting Huntington Beach Your Letter/Comments: Sunset beach get to rent, but not HB -- WHY WHY WHY.. This income allows me to continue to have a home in HB -- which I'm actually considering selling due to the amount of homeless you allow in our city. Short term rentals should be regulated, - Like the host needs to check them in - make random visits and be close by to take care of any issues. There are too many host who live out of town and have not contact. These renters go out to dinner, spend lots of money. which supports the city. Allow rentals... this rule is not right and we will fight" Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: infoghbstra.org l Website: http5.iiwwvv.hbstra.org/ SUPPLEMENTAL COMMUNICATION ngenae Urr No.: l gl(c)D — 3 1 Switzer, Donna From: Doran Solis <Doran.Solis.408810856@p2a.co> Sent: Tuesday, January 19, 2021 11:18 AM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Doran Solis 8261 Munster Dr Huntington Beach, CA 92646 SUPPLEMENTAL COMMUNICATION M@W tq D.ft: Aprtde Win W. t Switzer, Donna From: Mike Hermanns <Mike.Hermanns.408819587@p2a.co> Sent Tuesday, January 19, 2021 12:07 PM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Mike Hermanns 4646 Wailapa Rd Kilauea, HI 96754 SUPPLEMENTAL COMMUNICATION -l i n d 0 pees:_ lI/' 2 L Apsnda Ikm No. /�! 2D J ///(D r Switzer, Donna From: Jesse Rocco <Jesse.Rocco.408829739@p2a.co> sent Tuesday, January 19, 2021 1:01 PM To: supplementalcomm@surfcity-hb.org Subject Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Jesse Rocco 1200 Pacific Coast Hwy Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Mae"Deb: // � Z�e AWO own No. / .20 - / t Switzer, Donna From: Fikes, Cathy Sent: Tuesday, January 19, 2021 2:02 PM To: Agenda Alerts Subject: FW: Meeting tonight STRA Attachments: Short Term Rental Letter.pages, Short Term Rental Letter.pdf From: Shelly love <lovehisgrace@gmail.com> Sent: Tuesday, January 19, 2021 1:59 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Meeting tonight STRA SUPPLEMENTAL COMMUNICATION MGW&V Dam:__1 I GI 12 1 Agenda Item NO.' / 1C) — / [� 1 January 19,2021 To: The City Council Of Huntington Beach; We write this letter hoping to be voice for a majority of short-term rentals who are unhosted. We do appreciate your willingness to legalize short-term rentals, but we are concerned that not all Huntington Beach hosts will have the opportunity to obtain a permit and be "grandfathered" in, referring to the un-hosted. Hosting can be a vital economic recovery opportunity for the hosts and for the city of Huntington Beach. We ask that you would not allow such restrictions at a time when so many HB residents and small businesses are struggling to survive from the impacts of the continuing Covid-19. With so many unemployed and with the need of supplemental incomes for seniors, we plead with you to reconsider before making your standards and rules final. We, my wife and I are 66 years old and on Social Security with other small sources of monthly income. We need our home to provide additional income by renting out our home for 4-6 weeks with weekly contracts. We live in our home the remainder of the year but this income is needed to help pay the already high property taxes and cost of living increases. To eliminate this necessary source of income would inevitably put us in jeopardy of losing our home. We have gone to the extent of installing noise alert equipment to insure that our guests would not be a problem for our neighbors and honoring the city's quiet hours. We have kept an open and congenial relationship with our neighbors to assure them that we have every consideration in view for them. We screen our potential guests to make sure that our home does not become a "party house", (We limit guests to 7 people per reservation). We haven't received any complaints from anyone regarding our quests. We have complied with every concern that the city council has voiced. But there is one area that makes our operation as a short term vacation home impossible and that is the stipulation to operate on a "hosted" basis.) don't know of any family that wants their week of well earned vacation to have a"babysitter" present 24-7. It certainly would seem as an insult to any family's integrity to demand to have an "overseer" present at all times. We sincerely hope that the City Council considers this issue. Huntington Beach has always welcomed tourism and I hope it continues to have the tourist in mind as well as the hosts, who are residents of this great city. Thank you, Pat and Shelly Love SUPPLEMENTAL COMMUNICATION AAee&V Date. /ZLg1--2/ Agenoe 4am fro.: S/-2o- 2 L L(vl Switzer, Donna From: Donna Thompson <Donna.Thompson.408787349@p2a.co> Sent: Tuesday, January 19, 2021 8:30 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Donna Thompson 328 11 th St Huntington Beach, CA 92648 t Switzer, Donna From: Renee Liebel <Renee.Liebel.408787574@p2a.co> Sent: Tuesday, January 19, 2021 8:31 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-tern rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Renee Liebel 328 18th St Huntington Beach, CA 92648 t Switzer, Donna From: Nina P. <Nina.P.408788087@p2a.co> Sent: Tuesday, January 19, 2021 8:37 AM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neiehborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important pan of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Nina P. 5 182 Gordon Newport Beach, CA 92660 t Switzer, Donna From: Dawn Zuilhof <Dawn.Zuilhof.2116SS14S@p2a.co> Sent: Wednesday, January 20, 2021 12:08 PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council. I am interested to find out the outcome of yesterday's .rote on short term vacation rentals. How do I get this information? Regards, Dawn Zuilhof 216 8th St Huntington Beach, CA 92648 t Switzer, Donna From: Fikes, Cathy Sent: Tuesday, January 19, 2021 2:03 PM To: Agenda Alerts Subject: FW: Airbnb short term rental -----Original Message----- From: Info@tamaskin.com<info@tamaskin.com> Sent:Tuesday,January 19, 2021 2:02 PM To: CITY COUNCIL<city.council@surfcity-hb.org> Subject: Airbnb short term rental I have lost everything and Airbnb is the only way I able to pay my bills of 3,000 a month, it is the only way we can stay afloat. I don't want to lose my home and I don't want to lose my family. Sent from my iPhone 1 Switzer, Donna From: Sweet House <Sweet.Heuse.211679581@p2a.co> Sent: Tuesday,January 19, 2021 2:1 S PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. 1 am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. 1 urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards. Sweet House 406 15th St Huntington Beach, CA 92648 i Switzer, Donna From: Gene Opfer <Gene.Opfer.408846802@p2a.co> Sent: Tuesday, January 19, 2021 2:30 PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council. Vote yes on the short-term rental ordinance. This ordinance is a start, but be fair. You people spend thousands to brine visitors to our town, then force them to rent a room in one of your $400 per night hotels. I know that you lease the land those hotels sit on, and you have a conflict of interest, but you need to be fair to the smaller businesses. Please license unhosted STR to allow larger families stay in our city at more reasonable prices. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Regards, Gene Opfer 19231 Worchester Ln Huntington Beach. CA 92648 t Switzer, Donna From: Sue Delmer <Sue.Delmer.408864190@p2a.co> Sent: Tuesday, January 19, 2021 3:28 PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-term rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair; and effective short-term rental regulations are an important part of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Regards, Sue Delmer 305 Califomia St Huntington Beach, CA 92648 r Switzer, Donna From: Bob Delmer <Bob.Delmer.408862769@p2a.co> Sent: Tuesday, January 19, 2021 3:26 PM To: supplementalcomm@surfcity-hb.org Subject: Vote NO On The Short-Term Rental Ban Dear City Council, Vote NO on the short-term rental ordinance. I am writing in opposition to the City's proposed regulations on short-tern rentals. The ordinance being proposed at this week's meeting creates an uneven playing field by allowing vacation rentals in one neighborhood while banning them in all others. I urge you to take the time to get this right! Responsible, fair, and effective short-term rental regulations are an important par of keeping our neighborhoods and economy safe and thriving. Please reject the current proposal and work with community stakeholders of all backgrounds to study and develop a balanced solution. Until that work is done, please vote NO on the proposed short-term rental ban in Huntington Beach. Retards, Bob Delmer 305 California St Huntington Beach. CA 92648 t _ .s A)dK vw �/�f-IFiVD�D City of Huntington Beach ikTXc)&,44j-70"V File #: 20-2054 MEETING DATE: 12/21/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Continued from November 16, 2020 to Approve for Introduction Ordinance No. 4224 amending the Huntington Beach Municipal Code by adding Chapter 5.120 (Short-Term Rentals) Statement of Issue: The proposed new chapter of the Huntington Beach Municipal Code (HBMC) would establish a set of regulations, standards, and a permitting process for Short-Term Rentals affecting residential districts citywide. The purpose of Chapter 5.120 (Short-Term Rentals) is to protect the character of residential neighborhoods, maintain the long-term rental housing stock, and ensure the collection and payment of Transient Occupancy Taxes (TOT). Financial Impact: Should the City Council vote to amend the Huntington Beach Municipal Code by adding Chapter 5.120 (Short-Term Rentals), the proposed regulations will require the development of application forms and review and approval processes to accommodate the issuance of Short-Term Rental Permits by the Community Development Department, as well as Business Licenses and Transient Occupancy Tax Certificates by the Finance Department. In addition, Code Enforcement and the Police Department staff will respond to complaints relating to short-term rental activities. The proposed amendments to the HBMC is estimated to realize $233,095 annually in TOT and Tourism Business Improvement District (TBID) administrative cost revenues. Additional costs associated with the implementation and regulation of the Short-Term Rental program will be offset by revenues generated from this program. Recommended Action: Approve for introduction Ordinance No. 4224, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 5.120, Regulating Short-Term Rentals" (Attachment 1). Alternative Action(s): Do not approve the recommended action and direct staff accordingly. Analysis: C Page 1 of 5 Pnnled on 1211612020 File #: 20-2054 MEETING DATE: 12/21/2020 At the Strategic Planning Retreat in February 2019, the City Council directed staff to conduct a study session on the opportunities and challenges associated with short-term rentals. At the September 3, 2019, City Council Study Session, staff presented an overview of short-term rentals in Huntington Beach, and provided case studies of four coastal cities (Carlsbad, Carpinteria, Newport Beach, Pismo Beach), as well as the range of approaches in regulating short-term rentals in the coastal zone. At the September 21, 2020, City Council meeting, staff presented additional information regarding short-term rentals, including three regulatory framework alternatives (low threshold, medium threshold, high threshold) and a fiscal impact analysis. By a vote of 6-0-1 (Brenden), the City Council directed staff to prepare an Ordinance regulating Short-Term Rentals with the High Threshold Regulations. At the November 16, 2020, City Council meeting, staff presented a draft Short-Term Rentals ordinance. The item was continued to the December 21, 2020 meeting to allow the incoming Council with the opportunity to discuss this issue. Although the item was continued, the following items were brought up during the meeting: — Number of STRs allowed for multi-family properties — STR permit number required on Hosting platforms — STR application process — Response to complaints process — Maximum number of occupants in a STR — Local contact person privacy — Annual renewal of STRs — Platform responsibilities and fines for violations — Staffing for STRs processing and enforcement — No limits on number of STR permits allowed citywide — Distance requirement for STRs As a result of input received during the November 16, 2020, City Council meeting, minor changes to the ordinance have been made. A redlined version of those changes is included in Attachment 2. Regulatory Framework The draft Short-Term Rentals (STR) Ordinance includes the following high threshold regulations: — Hosted (owner-occupied) STRs citywide, including Sunset Beach — Un-hosted STRs in Sunset Beach within 6 months of the effective date of the resolution establishing the permit fees — STR as a legally permitted dwelling unit; ADUs or junior ADUs may be permitted as a STR if legally established prior to the effective date of this Ordinance — STR permit required — STR permit annual renewal — One STR per property (single-family, duplex and triplex properties and rental properties of any size) — Up to three STRs per property (on ownership properties with 4 or more units, i.e., condominiums, townhomes) — TOT (Tourism BID payment should the Huntington Beach Tourism Business Improvement City of Huntington Beach Page 2 of 5 Printed on 12/16/2020 oo.e,e966 LeomtaC- File #: 20-2054 MEETING DATE: 12/21/2020 District take appropriate action to include STR's in TBID) - Maximum number of occupants per STR (two persons per bedroom, plus two additional guests, including children; maximum 10 persons in any STR at one time including the operator) - Minimum age of 25 years old for STR tenants - Local contact person that is available 24 hours per day, 7 days a week to respond within one hour to complaints and take any remedial action necessary to resolve such complaints - Posted notice within the unit with the information relating to the maximum number of occupants, parking location, trash pick-up schedule, emergency contact information, and evacuation plan - Posted notice in a conspicuous place with the information relating to the STR permit and conditions, name and phone number of the local contact person - Events prohibited - Compliance with Noise Ordinance - Conformance with Covenants, Conditions, and Restrictions (CC&Rs) - City-issued STR registration number included in any STR - Maintain liability insurance appropriate to cover the STR The proposed regulations for short-term rentals provide appropriate regulations and permit processes to reduce operational impacts of short-term rentals properties and preserve residential neighborhood character. Other requirements, such as Code Enforcement, Building, and Fire inspections prior to permit issuance, 500-foot radius notification to adjacent properties, and liability insurance amount will be reflected in the STR Permit application and required at the time of submittal. The un-hosted STRs in Sunset Beach offer an opportunity to evaluate data and experiences to test the City's ability to effectively manage a less restrictive regulatory structure. Staff will provide annual reports, or upon request, summarizing data. This information may be used by the City Council to refine the regulatory framework in the future, if desired. Fiscal Impact Analysis The City obtained an updated fiscal analysis showing potential revenue projections, which is provided as Attachment 3. The data collected for the fiscal impact analysis were from STR listing sites to represent a snapshot of the STR market in Huntington Beach from May 2019 through April 2020. The revenues are divided into three subareas (Sunset Beach, Downtown, the rest of Huntington Beach) and by rental type (entire unit, private room, shared room). STRs in Huntington Beach are estimated to generate a total of $8,738,294 in expenditures (i.e., revenue for STR operators). Applying the TOT rate of 10% and the City's 1% share of the TBID assessment, the City would receive $873,829 in TOT revenue and $3,495 in TBID revenue annually. The tables below provide more detailed revenue information: City of Huntington Beach Page 3 of 5 Printed on 12/16/2020 oowerE987,Leg,star^' File #: 20-2054 MEETING DATE: 12/21/2020 Table 1: City STR Revenue by Subarea Total TOT TBID Expenditures (City Share) 10% 1% of TBID Sunset Beach $1,484,977 $148,498 $594 Downtown $3,615,687 $361,569 $1,446 Rest of City $3,637,630 $363,630 $1,455 Total $82738,294 $873,829 531495 Table 2: City STR Revenue by Rental Type Total TOT TBID Expenditures (City Share) 10% 1% of TBID Entire Unit $7,846,779 $784,678 $3, 139 Private Room $891,345 $89,135 $357 Shared Room $170 $17 $0 Total $8,738,294 5873,829 $3,495 Table 3 below summarizes the City revenues for allowing all types of STRs (i.e., entire unit; private room, and shared room) in Sunset Beach, and hosted rentals (i.e., private rooms and shared rooms) in the rest of the City. Table 3: STR Revenue from Council-Recommended Program Total TOT TBID Expenditures (City Share) 10% 1% of TBID City-wide: Private Rooms $836,510 $83,651 $335 City-wide: Shared Rooms $170 $17 $0 Sunset Beach: All Rental Types $1,484,977 $148,498 $594 Total $2,321,657 5232,166 5929 Environmental Status: The amendment to the Huntington Beach Municipal Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, because there is no potential for the amendment to have a significant effect on the environment. Strategic Plan Goal: Strengthen long-term financial and economic sustainability City of Huntington Beach Page 4 of 5 Printed on 12/162020 oov erEBB§ Legis;ar" File #: 20-2054 MEETING DATE: 12/21/2020 Attachment(s): 1. Ordinance No. 4224 2. Ordinance No. 4224 Redlined 3. Updated Fiscal Analysis 4. November 16, 2020 Request for City Council Action City of Huntington Beach Page 5 of 5 Printed on 12/16/2020 oowerfQN Legis:ar"- City Council! ACTION AGENDA December 21, 2020 Public Financing Authority 19. 20-2095 Adopted Ordinance No. 4227 regarding consideration of joining the Orange County Power Authority (OCPA), a Community Choice Energy (CCE) Joint Powers Authority (JPA) Approved for introduction December 10, 2020 - Vote 5-0-2 (Peterson, Ortiz absent) Recommended Action: Adopt Ordinance No 4227, "An Ordinance of the City Council of the City of Huntington Beach Authorizing the Implementation of a Community Choice Aggregation Program - Approved 5-2 (Peterson, Ortiz-No) ADMINISTRATIVE ITEMS 20. 20-2090 Continued Temporary Closure of the Second Block of Main Street to Vehicular Traffic through February. 2021; Directed Staff to Implement Hybrid Model to Open the Third Block of Main Street to Vehicular Traffic ASAP Recommended Action: Authorize the City Manager to continue the temporary closure of the second and third blocks of Main Street to vehicular traffic to accommodate outdoor dining and retail in the public right-of-way until September 6 2021 Approved 4-3 (Kalmick, Posey, Delgleize-No) as amended- continue temporary street closure of the second block to February 28; implement hybrid model ASAP that opens the third block to traffic and allows outdoor dining; and, Council to consider next steps at their February 15 regular meeting (Kalmick on record as supporting opening up the Third Block of Main Street). ORDINANCES FOR INTRODUCTION 21. 20-2054 Approved for Introduction Ordinance No. 4224 amending the Huntington Beach Municipal Code by adding Chapter 5.120 (Short-Term Rentals) - Continued from November 16. 2020 Recommended Action: Approve for introduction Ordinance No 4224. An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 5 120, Regulating Short-Term Rentals (Attachment 1) Approved 7-0 as amended(substitute the term "shall"for "may"in Section 5.120.070 C.; and, direct staff to return to Council within one year to share operational data on short- term rental operations COUNCILMEMBER ITEMS 22. 20-2110 Item Submitted by Councilmember Posey Withdrawn - Ncausing Issues ATTACHMENT # 1 ORDINANCE NO. 4224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODEBY ADDING CHAPTER 5.120, REGULATING SHORT-TERM RENTALS The City Council of the City of Huntington Beach ordains asfollows- Section 1. The Huntington Beach Municipal Code is amended by adding Chapter 5.120 to read as follows: CHAPTER 5.120 SHORT-TERM RENTALS 5.120.010 Purpose. / The purpose of this Chapter is to establish/regulations, standards, and a permitting process goveming the renting or leasing of privately owned visitor serving residential dwelling units on a short-term basis in order to maintain/the long-term rental housing stock in the City; ensure the collection and payment of Transient Occupancy Taxes ("TOT"); safeguard the residents of the City of Huntington Beach �y ensuring that Short-Term Rental activities do not threaten the character of residential neighborhoods; and ensuring that such Short-Term Rental activities do not become a nuisance, or'threaten the public health, safety; or welfare of neighboring properties. This Chapter will establish two Zones in the City where Short-Term Rentals are permitted. Zone 1 will/Consist of all areas of the City excluding Sunset Beach. Zone 2 will consist of Sunset Beach. In Zone 1 and Zone 2, Short-Term Rentals are permitted in owner occupied residential duelling units as set forth herein. In Zone 2 Short-Term Rentals are permitted for existing owner�`un occupied" residential dwelling units who obtain a permit within six (6) months of the effective date of the resolution establishing the permit fee(s). After six (6) months, no new permits for owner un occupied residential dwelling units will be issued. 5.120.020 Definitions. A. `Bong Transaction" means any reservation and/or payment service provided by a person or entity who facilitates a Short-Term Rental transaction between a prospective guest and a Short-Term Rental Host or Operator. B. "City' means City of Huntington Beach. C. "Director' means the Director of Community Development or a designee. ID "Guest" means any person or persons renting a Short-Term Rental as a transient occupant. / E. "Host" means a property owner who is an occupier of the property at the time of, and for the duration of, the Short-Term Rental. F. "Hosted Stay' means a Short-Term Rental at a Primary Residence whereby the /20-901 ost occupies the Short-Term Rental property and remains on-site and resides in a habitable 3239671 1 ORDINANCE NO.4224 dwelling unit or portion thereof throughout the Guest's stay (except during daytime and/or hours). G. "Hosting Platform" means a person or entity that participates in the Short-Term Rental business in exchange for a fee or other compensation, directly or indirectl/through an agent or intermedian', by conducting a Booking Transaction for a Hosted o Un/Hosted Short- Term Rental using any medium of facilitation. H. "Local Contact Person" means the Operator or Host or person designated thereof to respond to and take remedial action regarding Short-Term Rental issues or complaints. 1. "Platform Agreement" means a signed agreement bei4een a Hosting Platform and the City, which, among other things, provides that the Hosting Platform will collect and submit Transient Occupancy Tax and any Improvement District Assessment established pursuant to California Streets and Highways Code sections 36500 and 600 to the City on behalf of Short- Term Rental Hosts or Operators. J. "Primary Residence" means a person's permanent residence or usual place of return for housing as documented by at least two (2) of the following: driver's license; voter registration; tax documents showing the residential unit as the person's residence; or a utility bill. K. "Prohibited Buildings List" means a list identifying the address(es) of all buildings whose owner(s), including any applicable homeowners' association or board of directors, have notified the City, pursuant to.City procedures, that Short-Term Rentals are not permitted to operate anywhere in such building, including deed restricted affordable housing units. L. "Short-Term Rental ("STR")" means a residential dwelling unit, or portion thereof, that is offered or provided to a paying Guest(s) by a Short-Term Rental Host or Operator for thirty (30) or fewer consecutive nights. The term "Short-Term Rental' shall not include hotels, motels, inns, or bed and breakfast inns. M. "Short-Term Rental Advertisement' means any method of soliciting use of a dwelling unit for Short-Term Rental purposes. N. "Short-Term Rental Operator' or "Operator' means property owner of a dwelling unit in Sunset Beach, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for an Un Hosted Short-Term Rental. O. "Shon-Term Rental Permit' or "Permit" means a Permit, with a Permit number, issued by the City to allow Hosted or Un Hosted Short-Term Rentals. P. "Short Tenn Rental Tenant' means a person who has entered into aShort-Term rental agree ent for a dwelling unit in exchange for Shon-Term occupancy of the dwelling unit. Q. "Transient Occupancy Tax" ("TOT") means local Transient Occupancy Tax as set forth in Chapter 3.28 of the Huntington Beach Municipal Code. /R. "Un Hosted Short-Term Rental" means a Short-Term Rental in Sunset Beach, where there is no Host and the Operator resides off-site during the Guest's stay. S. "Zone I" means the City of Huntington Beach excluding the property located ,within the Sunset Beach Specific Plan. 20-9013239671 2 ORDINANCE NO. 4224 T. ""Lone 2" means property located within the Sunset Beach Specific Plan. 5.120.030 Permit Required. A. No person or entity shall advertise, rent, or operate a Short-Term Rental (STR) in the City unless a Permit has been issued by the City pursuant to this Chapter. An/Operator or Host of the STR shall apply with the City to obtain a Permit and shall be responsible for complying with all requirements of this Chapter. Application for a STR Permit shall be in a form prescribed by the Director and include all information determined by the Director to be necessary to evaluate the eligibility of the Host or Operator, consistent,with this Chapter. B. An application for a STR Permit shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall�e no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. C. STR Hosts or Operators shall apply for STR,Permit pursuant to this Chapter. Existing unpermitted STR Hosts or Operators shall appl)*r a STR Permit within six months after the effective date of resolution adopting the STR Permit fee. The Host or Operator shall provide proof of property ownership and shall be th�person that signs the application. D. A STR Permit is valid for one (1) year from the date of issuance. The STR Permit is personal and may not be transferred or assigned and does not run with the land. A STR Permit may be renewed annually if STR Operator or Host: (1) pays the renewal fee; (2) provides information concerning any changes to the previous application for, or renewal of, the STR Permit; Q) submits records to demonstrate'compliance with this Chapter as required by the Director. Failure to submit a renewal application to the City at least thirty (30) days prior to the expiration of the STR Permit shall render the STR Permit and permission to operate an STR null and void. E. STR Permits issued pursuant to this Chapter are subject to the following standard STR permit conditions: 1. The lost or Operator shall, by written agreement with the Tenant. limit overnight occupanoy of the STR to a specific number of occupants, with the number of occupants not to e Geed that permitted by the provisions of this Section. 2. The Host or Operator shall insure that the occupants and/or guests of the STR do not create unreasonable noise or disturbances; engage in disorderly conduct, or violate provisions any Federal, State, or Local (including the Huntington Beach Municipal Code) lay pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. ,3. The Host or Operator shall, upon notification that occupants and/or guests of l�ts or her STR have created unreasonable noise or disturbances, engaged in disorderly c�duct or committed violations of any Law,including those pertaining to noise,disorderly 6onduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a recurrence of such conduct by those occupants or guests. 4. The Host or Operator of the STR unit shall post a copy of the STR Permit and the STR Permit conditions in a conspicuous place within the STR. /20-90131-139611 3 ORDINANCE NO. 4224 5. The Host or Operator shall provide a Guest parking plan to the City for approval prior to issuance of a STR Permit. 6. The maximum number of, guests who may occupy the STR at one time is two persons per bedroom, plus two additional guests (including children). Lofts that meet California Building Code egress requirements are considered a bedroom for th/purposes of the occupancy calculation. In no event may the maximum occupancy exceed ten (10) persons in any STR. Large-scale events (i.e., exceeding maximum allowed occupancy) such as commercial parties, weddings, fundraisers, and conferences, are prohibited. F. Eligibility requirements. In addition to any specific STR Permit requirements set forth the by the Director, the following requirements must be met at the time of submitting a STR Permit application: I. The dwelling unit shall not be a deed restricted affordable housing unit, in a special group residence, a Single Room Occupancy (asd fined by the City Zoning Code), or included on the Prohibited Buildings List. 2. The Operator or Host shall not be granted a permit for more than one STR within the City of Huntington Beach (including Set Beach). 3. There will only be one STR permit issued per property except in multi- family single lot subdivisions (i.e. condominiums or to,,vnhomes) the number of STR Permits allowed shall be as follows: / Number of units per proper / Number of STR Permits Up to 3 / ] 4 or more / 4. The STR Operator shall identify, to the satisfaction of the City, a Local Contact Person, who shall be available twenty-four (24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints regarding the condition, operation, or conduct of the STR or its occupants: and (2) taking any remedial action necessary to resolve such complaints. In the event the STR is "hosted", the Host shall be the Local Contacf Person. 5. / 'he dwelling unit or property used as a STR shall not be the subject of any active or pending code enforcement actions or violations pursuant to the City's Municipal Code. //6. If the dwelling unit or property used as a STR is subject to the rules of a homeowners' or condominium association, Short-Term Rental activity must comply with those rules and this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions of those homeowners' or condominium associations. 7. The Host or Operator shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, hold harmless, and defend the City of Huntington Beach, the City Council of the City of / 20-9013239671 4 ORDINANCE NO.4224 Huntington Beach, individually and collectively, and the City of Huntington Beach representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits,judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the STR Host or Operator's actions or inaction in the operation, occupancy, use, and/or maintenance of the Short-Term Rental. 8. The STR shall be a legally permitted dwelling unit. Accessory Dwelling Units or Junior Accessory Dwelling Units may be. permitted as a STR only if the unit was legally established prior to the effective date of this Ordinance and otherwise meets the requirements of this Chapter- G. The Host/Operator shall provide proof that the STR is not prohibited by the Homeowners' Association Conditions Covenants and Restrictions/Or any other community standards/guidelines, applicable to the proposed STR. 5.120.040 STR Regulations. A. All marketing and advertising of a STR, including any listing on a Hosting Platform, shall clearly list the City-issued STR Permit number. B. STR is prohibited in any part of the property not approved and permitted for residential use including, but not limited to, vehicles) parked on the property, storage sheds, trailer(s), garage(s), boat(s) or similar watercraftAree house(s), or any temporary structure(s), including, but not limited to, tent(s). C. Un Hosted STRs are prohibited in the City of Huntington Beach except in Zone 2. Existing Un Hosted STRs in Sunset Bea,N have 6 months from effective date of the adoption of Y. a resolution establishing a STR Permit Fee to obtain a STR Permit. D. Each STR shall have a�otice posted within the unit in a location clearly marked and accessible to the Guest (e.g.. posted on the refrigerator, included within a binder with additional information on the unit. etc.), containing the following information: l. The maximum number of occupants permitted in the unit; 2. Location of parking spaces; 3. T a/sh and recycling pickup information; 4. Emergency contact information for police, fire, or emergency medical services: and 5./ Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations. E. /The name of the local contact and a telephone number at which that person may be reached,,on a twenty-four (24) hour basis posted in a place that can be read by a member of the public without entering the STR. /F. No sign shall be posted on the exterior of the STR to advertise the availability of the unit. G. It is unlawful for any STR Operator, Host, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to cause 20-9m31139671 5 ORDINANCE NO. 4224 to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area, or which violates any provision of Chapter 8.40 ("Noise Control") of the Huntington Beach Municipal Code. / H. The minimum age of STR Tenants shall be 25 years old. I. Following compliance with California Streets and Highways-Code 36600 et al., STRs will become part of the Huntington Beach Tourism Business Improvement District (BID) and comply with all requirements including payment of legally establis6d BID Assessments. J. The City will post STR contact information on the City website for the public to access. K. An STR may not be operated as any other commercial home-based business. 5.120.050 STR Host or Operator Requirements. A. The I-lost or Operator shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces. noise regulations and quiet hours, and trash and recycling disposal requirements to prospective guests, prior to their occupancy. B. The Host or Operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information. / C. The Host or Operator shall maintain and provide proof of liability insurance appropriate to cover the STR as required by the City. D. Transient Occupan y Taxes shall be collected on all STRs pursuant to Huntington Beach Municipal Code Chapter 3.28. If a Hosting Platform does not collect payment for the rental. Hosts or Operators are solely responsible for the collection of all applicable TOT and remittance of the collect / tax to the City in accordance with Chapter 3.28 (Uniform Transient Occupancy Tax). Upon,compliance with California Streets and Highways Code 36600 et al., the Host or Operator shall,also be responsible for collection and remittance of all BID Assessments. If a Hosting Platform/does collect payment for the STRs, then the Hosting Platform and the Operator and Host shall both have legal responsibility for the collection and remittance of the TOT and BID Assessment. E. The Operator, Host and/or property owner shall be jointly responsible and liable for any licit or illicit activity which may create a nuisance or other tortious violations arising at a STR. F/ The Host or Operator shall authorize any Hosting Platform on which his or her STR(s)'is listed to provide to the City the operator listing and other information to demonstrate compliance with all provisions of this Chapter. SA20.060 Hosting Platform Responsibilities. A. Hosting platforms shall not process or complete any Booking Transaction for any /20-901 TR, unless the STR has a valid current STR Permit issued by the City. Hosting platforms are 3239671 6 ORDINANCE NO.4224 required to list the STR Permit number and expiration date. B. Within forty-five (45) days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the City contact information of the Hosting Platform. C. A Hosting Platform with listings located in the City shall provide,to the City on a monthly basis, in a format specified by the City, the STR Permit number of each listing, the name of the person responsible for each listing, the address of each such listing, and, for each Booking Transaction that occurs within the reporting period, the number of days booked, and the total price paid for each rental. D. Hosting Platforms shall remove any listings for STRs. including those on the City's Prohibited Buildings List, from the platform upon notification by the City. E. Hosting Platforms shall be responsible for collecting all applicable TOT and TBID assessments and remitting the same to the City. Should a Hosting Platform fail to fulfill its responsibilities under this Section, or the Hosting Platform and the owner enter into an agreement regarding the fulfillment of this subsection,.the owner shall remain responsible for collection and remittance of the TOT and TBID assessments the Hosting Platform failed to collect and/or remit to the City. / F. All Hosting Platforms operating,in the City must comply with all Federal, State. or Local (including the Huntington Beach Municipal Code) laws. 5.120.070 Enforcement. A. Violations of this chapter include, but are not limited to: i 1. Failure of the/Local Contact Person to take action to respond to a complaint within one (1) hour after the complaint is received or a contact is attempted, and the Local Contact Person cannot be reached; 2. FaiIureto notify the City when the Local Contact Person's information changes; 3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter; 4. /Providing false or misleading information on a STR Permit application, or other documentation required by this Chapter; 5./ Any attempt to rent an unregistered STR by advertising the property for Short-Term Rental purposes; /6. Completing a Booking Transaction in the City without a valid City-issued STR Permit number; 7. Completing a Booking Transaction where the STR Permit has been revoked or suspended by the City; 8. Violations of State. County, or City health, building; or fire regulations; / 9. Conduct or activities at the STR that constitute a public nuisance or which otherwise constitute a hazard to public peace, health, or safety; i 20-9013R39671 7 ORDINANCE NO. )m 10. Authorizing, permitting, facilitating or otherwise allowing any Uosted STR occupancy or activity in any dwelling unit in the City, except as legally p itted in Sunset Beach. B. The Fine for violations of any provision of this Chapter shall be on thousand dollars ($1,000) for each violation. Each separate day in which a violation exists may be considered a separate violation. However, a thirty (30) day warning period shall be provided prior to issuing fines for advertising a STR without a valid STR Permit number. C. If three (3) fines have been issued against a STR Host or Werator within a twelve (12) month period, the STR Permit may be revoked, or suspended, or additional conditions may be imposed by the Director by providing written notice to the STR Hs�i or Operator setting forth the basis of the intended action and giving the STR Host or Operatodan opportunity, within fourteen (14) calendar days, to present responding information to tKe Director. After the fourteen (14) day period, the Director shall determine whether t revoke the STR Permit, suspend the STR Permit, or impose additional conditions upon he STR Permit and thereafter give written notice of the decision to the STR Host or Operator. If a STR Permit is revoked, the STR may not be re-registered with the City for a period of velve (12) months from the date of revocation. D. The City hereby finds and declares that repeated violations of this Chapter constitute a public nuisance which may be enjoineunder all applicable laws including Code of Civil Procedure Section 731. E. Any person, Hosting Platform, or STR Host or Operator convicted of violating any provision of this Chapter in a criminal case & found to be in violation of this Chapter in a civil or administrative action brought by the , shall be ordered to reimburse the City its full investigative and enforcement costs, pay bac all unpaid TOT if applicable, and remit all illegally obtained rental related revenue to the City. F. Pursuant to the Huntingtop Beach Charter, the City may issue and sere administrative subpoenas as necessary)6 obtain specific information regarding STR listings located in the City, including, but not united to, the names of the persons responsible for each such listing, the address of each suc listing, the length of stay for each such listing, and the price paid for each stay, to determine whither the STR listings comply with this Chapter. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the d71e of service. A person, Hosting Platform, or STR operator that has been served with an admi strative subpoena may seek judicial review during that thirty (30) day period. G. The remedi provided in this Section are cumulative and not exclusive, and nothing in this Section s 11 preclude the use or application of any other remedies, penalties, or procedures established law. H. The Ci ,Manager, or designee, shall have the authority to establish administrative rules dnd regulations consistent with the provisions of this Chapter for interpreting, claZany 'ng, carrving out, furthering, and enforcing the requirements and the provisions of thhapter. I. I provision of this Chapter conflicts with any provision of Title 20-25 (Zoning), the t�rms of this Chapter shall control. 20-9013239671 8 ORDINANCE NO. 4224 5.120.080 Severability Clause. If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses, or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to tie severable. SECTION 2. This ordinance shall become effective 30 days after its ado�n. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 20_ / Mayor ATTEST: APPROVED City Clerk it), Attorney g;CDAPPROVED: INITIATED AND APPROVED: City Manager Community Development Director 20-9013239671 9 ATTACHMENT #2 ORDINANCE NO. 4224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5.120, REGULATING SHORT-TERM RENTALS The City Council of the City of Huntington Beach ordains as follows: Section 1. The Huntington Beach Municipal Code is amended by adding Chapter 5.120 to read as follows: CHAPTER 5.120 SHORT-TERM RENTALS 5.120.010 Purpose. The purpose of this Chapter is to establish regulations, standards, and a permitting process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short-term basis in order to maintain the long-term rental housing stock in the City; ensure the collection and payment of Transient Occupancy Taxes("TOT"); safeguard the residents of the City of Huntington Beach by ensuring that Short-Term Rental activities do not threaten the character of residential neighborhoods; and ensuring that such Short-Term Rental activities do not become a nuisance,or threaten the public health, safety, or welfare of neighboring properties. This Chapter will establish two Zones in the City where Short-Term Rentals are permitted. Zone I will consist of all areas of the City excluding Sunset Beach. "Lone 2 will consist of Sunset Beach. In Zone 1 and Zone 2, Short-Term Rentals are permitted in owner occupied residential dwelling units as set forth herein. In Zone 2 Short-Term Rentals are permitted for existing owner"un occupied" residential dwelling units who obtain a permit within six(6) months of the effective date of the resolution establishing the permit fee(s). After six (6) months, no new permits for owner un occupied residential dwelling units will be issued. 5.120.020 Definitions. A. "Booking Transaction'means any reservation and/or payment service provided by a person or entity who facilitates a Short-Term Rental transaction between a prospective guest and a Short-Term Rental Host or Operator. B. "City"means City of Huntington Beach. C. "Director" means the Director of Community Development or a designee. D "Guest' means any person or persons renting a Short-Term Rental as a transient occupant. E. "Host' means a property owner who is an occupier of the property at the time of, and for the duration of, the Short-Term Rental. F. "Hosted Stay"means a Short-Term Rental at a Primary Residence whereby the Host occupies the Short-Term Rental property and remains on-site and resides in a habitable 20-9013/239671 1 dwelling unit or portion thereof throughout the Guest's stay(except during daytime and,'or work hours). G. "Hosting Platform"means a person or entity that participates in the Short-Term Rental business by oollecting or reeeivi ng tut.Ytihat�_ ' a Ic_y �1ytlhcr comcensalion, directly or indirectly through an agent or intermediary, for he conducting a Booking Transaction for a Hosted or Un Hosted Short-Term Rental using any medium of facilitation. H. "Local Contact Person" means the Operator or Host or person designated thereof to respond to and take remedial action regarding Short-Terre Rental issues or complaints. I. "Platform Agreement` means a signed agreement between a Ilosting Platform and the City, which, among other things, provides that the Hosting Platform will collect and submit Transient Occupancy Tax and any Improvement District Assessment established pursuant to California Streets and Highways Code sections 36500 and 36600 to the City on behalf of Short- Term Rental I lost%or Operators. J. "Primary Residence" means a person's permanent residence or usual place of return for housing as documented by at least two (2)of the following: driver's license; voter registration; tax document-,showing the residential unit as the person's residence; or a utility bill. K. "Prohibited Buildings List" means a list identifying the address(es) of all buildings whose owner(s), including any applicable homeowners' association or board of directors, have notified the City, pursuant to City procedures,that Short-Term Rentals are not permitted to operate anywhere in such building, including deed restricted affordable housing units. L. "Short-Term Rental ("STR")" means a residential dwelling unit,or portion thereof, that is offered or provided to a paying Guest(s) by a Short-Tern Rental I lost or Operator for thirty (30)or fewer consecutive nights. The tern"Short-Term Rental" shall not include hotels, motels, inns,or bed and breakfast inns. M. "Short-Term Rental Advertisement" means any method of soliciting use of a dwelling unit for Short-Term Rental purposes. N. "Short-Term Rental Operator"or "Operator" means property owner of a dwelling unit in Sunset Beach, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for an Un Hosted Short-Term Rental. O. "Short-Term Rental Permit' or"Permit" means a Permit, with a Permit number, issued by the City to allow Hosted or Un I lusted Short-Term Rentals. P. "Short-Term Rental Tenant" means a person who has entered into a Short-Term rental agreement for a dwelling unit in exchange for Short-Term occupancy of the dwelling unit. Q. "Transient Occupancy Tax" ("TOT") means local Transient Occupancy Tax as set forth in Chapter 3.28 of the Huntington Beach Municipal Code. R. "Un Hosted Short-Term Rental"means a Short-Term Rental in Sunset Beach, where there is no Host and the Operator resides off-site during the Guest's stay. S. "Zone I"means the City of I luntington Beach excluding the property located within the Sunset Beach Specific Plan. 20a013413%71 2 T. "Zone 2" means property located within the Sunset Beach Specific Plan. 5.120.030 Permit Required. A. No person or entity shall advertise, rent, or operate a Short-Term Rental (STR) in the City unless a Permit has been issued by the City pursuant to this Chapter. An Operator or Host of the STR shall apply with the City to obtain a Permit and shall be responsible for complying with all requirements of this Chapter. Application for a STR Permit shall be in a form prescribed by the Director and include all information determined by the Director to be necessary to evaluate the eligibility of the Host or Operator, consistent with this Chapter. B. An application for a STR Permit shall be accompanied by a fee established by resolution of the City Council, provided, however,the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. C. STR Hosts or Operators shall apply for STR Permit pursuant to this Chapter. Existing unpermitted STR Hosts or Operators shall apply for a STR Permit within six months after the effective date of resolution adopting the STR Permit fee. The Flost or Operator shall provide proof of property ownership and shall be the person that signs the application. D. A STR Permit is valid for one(1) year from the date of issuance. The STR Permit is personal and may not be transferred or assigned and does not run with the land. A STR Permit may be renewed annually if STR Operator or Host: (1) pays the renewal fee; (2) provides information concerning any changes to the previous application for, or renewal of, the STR Permit; (3) submits records to demonstrate compliance with this Chapter as required by the Director. Failure to submit a renewal application to the City at least thirty (30)days prior to the expiration of the STR Permit shall render the STR Permit and permission to operate an STR null and void. E. STR Permits issued pursuant to this Chapter are subject to the following standard STR permit conditions: 1. The Host or Operator shall, by written agreement with the Tenant, limit overnight occupancy of the STR to a specific number of occupants, with the number of occupants not to exceed that permitted by the provisions of this Section. 2. The Host or Operator shall insure that the occupants and/or guests of the STR do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions any Federal, State, or Local (including the Huntington Beach Municipal Code) law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 3. The Host or Operator shall, upon notification that occupants and/or guests of his or her STR have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of any Law,including those pertaining to noise,disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a recurrence of such conduct by those occupants or guests. 4. The Host or Operator of the STR unit shall post a copy of the STR Permit and the STR Permit conditions in a conspicuous place within the STR. 20-9013M9671 3 5. The Host or Operator shall provide a Guest parking plan to the City for approval prior to issuance of a STR Permit. 6. The maximum number of persons, guests , who may occupy the STR at one time is two persons per bedroom, plus two additional guests (including children). Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of the occupancy calculation. In no event may the maximum occupancy exceed ten (10) persons in any STR. Large-scale events (i.e., exceeding maximum allowed occupancy) such as commercial parties, weddings, fundraisers, and conferences, are prohibited. F. Eligibility requirements. In addition to any specific STR Permit requirements set forth the by the Director, the following requirements must be met at the time of submitting a STR Permit application: 1. The dwelling unit shall not be a deed restricted affordable housing unit, in a special group residence, a Single Room Occupancy (as defined by the City Toning Code), or included on the Prohibited Buildings List. 2. The Operator or Host shall not be granted a permit for more than one STR within the City of Huntington Beach(including Sunset Beach). 3. There will only be one STR permit issued per property except in multi- family single lot subdivisions (i.e. condominiums or townhomes) the number of STR Permits allowed shall be as follows: Number of units per property Number of STR Permits Up to 3 more 1 or 4 or more 3 4. The STR Operator shall identify, to the satisfaction of the City, a Local Contact Person, who shall be available twenty-four(24)hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints regarding the condition, operation, or conduct of the STR or its occupants; and (2)taking any remedial action necessary to resolve such complaints. In the event the STR is"hosted", the Host shall be the local Contact Person. 5. The dwelling unit or property used as a STR shall not be the subject of any active or pending code enforcement actions Or violations pursuant to the City's Municipal Code. 6. If the dwelling unit or property used as a STR is subject to the rules of a homeowners' or condominium association, Short-Term Rental activity must comply with those rules and this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions of those homeowners' or condominium associations. 7. The Host or Operator shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, 20-9013239671 4 hold harmless, and defend the City of Huntington Beach,the City Council of the City of Huntington Beach, individually and collectively, and the City of Huntington Beach representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits,judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the STR Host or Operator's actions or inaction in the operation, occupancy, use, and/or maintenance of the Short-Term Rental. 8. The STR shall be a legally permitted dwelling unit. Accessory Dwelling Units or Junior Accessory Dwelling Units may be permitted as a STR only if the unit was legally established prior to the effective date of this Ordinance and otherwise meets the requirements of this Chapter. G. The 1 iost/Operator shall provide proof that the STR is not prohibited by the Homeowners' Association Conditions Covenants and Restrictions or any other community standards/guidelines, applicable to the proposed STR 5.120.040 STR Regulations. A. All marketing and advertising of a STR, including any listing on a Hosting Platform, shall clearly list the City-issued STR Permit number. B. STR is prohibited in any part of the property not approved and permitted for residential use including, but not limited to, vehicle(s)parked on the property, storage sheds, trailer(s), garage(s), boat(s)or similar watercraft,tree house(s), or any temporary structure(s), including, but not limited to, tent(s). C. Un Hosted STRs are prohibited in the City of Huntington Beach except in Zone 2. Existing Un Hosted STRs in Sunset Beach have 6 months from effective date of the adoption of a resolution establishing a STR Permit Fee to obtain a STR Permit. D. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the Guest(e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information: 1. The maximum number of occupants permitted in the unit; 2. Location of parking spaces; 3. Trash and recycling pickup information; 4. Emergency contact information for police, fire, or emergency medical services; and 5. Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations. E. The name of the local contact and a telephone number at which that person may be reached on a twenty-four(24) hour basis posted in a place that can be read by a member of the public without entering the STR. F. No sign shall be posted on the exterior of the STR to advertise the availability of the unit. 20-9OUM9671 5 G. It is unlawful for any STR Operator, Fiost, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area, or which violates any provision of Chapter 8.40 ("Noise Control') of the Huntington Beach Municipal Code. H. The minimum age of STR Tenants shall be 25 years old. 1. Following compliance with California Streets and Highways Code 36600 et al., STRs will become part of the Huntington Beach Tourism Business Improvement District (BID) and comply with all requirements including payment of legally established BID Assessments. J. The City will post STR contact information on the City website for the public to access. K. An STR may not be operated as any other commercial home-based business. 5.120.050 STR Host or Operator Requirements. A. The Host or Operator shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements to prospective guests, prior to their occupancy. B. The Host or Operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information. C. The Host or Operator shall maintain and provide proof of liability insurance appropriate to cover the STR as required by the City. D. Transient Occupancy Taxes shall be collected on all STRs pursuant to Huntington Beach Municipal Code Chapter 3.28. If a Hosting Platform does not collect payment for the rental, Hosts or Operators are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 3.28 (Uniform Transient Occupancy Tax). Upon compliance with California Streets and Highways Code 36600 et al., the Host or Operator shall also be responsible for collection and remittance of all BID Assessments. If a Hosting Platform does collect payment for the STRs, then the Hosting Platform and the Operator and Host shall both have legal responsibility for the collection and remittance of the TOT and BID Assessment. E. The Operator, Host and/or property owner shall be jointly responsible and liable for any licit or illicit activity which may create a nuisance or other tortious violations arising at a STR. F. The Host or Operator shall authorize any Hosting Platform on which his or her STR(s) is listed to provide to the City the operator listing and other information to demonstrate compliance with all provisions of this Chapter. 20-9013239671 6 5.120.060 Ilosting Platform Responsibilities. A. Hosting platforms shall not process or complete any Booking Transaction for any STR, unless the STR has a valid current STR Permit issued by the City. Hosting platforms are required to list the STR Permit number and expiration date. B. Within forty-five(45) days of the effective date of this Ordinance, I losting Platforms with listings located in the City shall provide to the City contact information of the Hosting Platform. C. A Hosting Platform with listings located in the City shall provide to the City on a monthly basis, in a format specified by the City, the STR Permit number of each listing, the name of the person responsible for each listing, the address of each such listing, and, for each Booking Transaction that occurs within the reporting period, the number of days booked, and the total price paid for each rental. D. Hosting Platforms shall remove any listings for STRs, including those on the City's Prohibited Buildings List, from the platform upon notification by the City. Ii. #esting-Wetferms femi! &4 appheabk+ al, state, and federal Hosting Platfualis shall Ix respoilgible for wlkcting all=licable 1 )T and I I3 D &er em ntc an 1 remitting he %me to the City. Should a Hosting Platform fail to fulfill its resoonsibiWjj;j_4adcLU)js Se j"j_the Hosting Platform and the owner enter into an agreement re arding the fulfillment of this subsection the owner shall remain responsible for collection and remittance .of the TOT and TBID assessments the Hosting Platfom3lailesl to collect and/or remit to the City. F. All Ilosting Platforms operating in the City must comply with all Federal, State, or Local (including the Huntington Beach Municipal Code) laws. 5.120.070 Enforcement. A. Violations of this chapter include, but are not limited to: I. Failure of the Local Contact Person to take action to respond to a complaint within one (I) hour after the complaint is received or a contact is attempted, and the Local Contact Person cannot be reached; 2. Failure to notify the City when the Local Contact Person's information changes; 3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter; 4. Providing false or misleading information on a STR Permit application, or other documentation required by this Chapter; 5. Any attempt to rent an unregistered STR by advertising the property for Short-Term Rental purposes; 6. Completing a Booking Transaction in the City without a valid City-issued S IR Permit number; 20-9013239671 7 7. Completing a Booking Transaction where the STR Permit has been revoked or suspended by the City; 8. Violations of State, County, or City health, building,or fire regulations; 9. Conduct or activities at the STR that constitute a public nuisance or which otherwise constitute a hazard to public peace, health, or safety; 10. Authorizing,permitting, facilitating or otherwise allowing any Un Hosted STR occupancy or activity in any dwelling unit in the City, except as legally permitted in Sunset Beach. B. The Fine for violations of any provision of this Chapter shall be one thousand dollars($1,000) for each violation. Each separate day in which a violation exists may be considered a separate violation. However, a thirty (30) day warning period shall be provided - prior to issuing fines for advertising a STR without a valid STR Permit number. C. If three (3) fines have been issued against a STR Host or Operator within a twelve (12) month period, the STR Permit may be revoked,or suspended, or additional conditions may be imposed by the Director by providing written notice to the STR Host or Operator setting forth the basis of the intended action and giving the STR Host or Operator an opportunity, within fourteen (14) calendar days, to present responding information to the Director. After the fourteen (14) day period, the Director shall determine whether to revoke the STR Permit, suspend the STR Permit, or impose additional conditions upon the STR Permit and thereafter give written notice of the decision to the STR Host or Operator. If a STR Permit is revoked, the STR may not be re-registered with the City for a period of twelve (12) months from the date of revocation. D. The City hereby finds and declares that repeated violations of this Chapter constitute a public nuisance which may be enjoined under all applicable laws including Code of Civil Procedure Section 731. E. Any person, Hosting Platform, or STR Host or Operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to reimburse the City its full investigative and enforcement costs, pay back all unpaid TOT if applicable, and remit all illegally obtained rental related revenue to the City. F. Pursuant to the Huntington Beach Charter, the City may issue and serve administrative subpoenas as necessary to obtain specific information regarding STR listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the STR listings comply with this Chapter. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30)days from the date of service. A person, Hosting Platform, or STR operator that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period. G. The remedies provided in this Section are cumulative and not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law. 20-9013/239671 8 H. The City Manager,or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this Chapter for interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter. 1. If any provision of this Chapter conflicts with any provision of Title 20-25 (Zoning), the terms of this Chapter shall control. 5.120.080 Severability Clause. If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses,or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to be severable. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of , 20 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Community Development Director 20-901323%71 9 ATTACHMENT #3 MEMO To: City of Huntington Beach From: Lisa Wise Consulting, Inc. (LWC) Date: October 12, 2020 Subject: Short-Term Rental Fiscal Impact Analysis On September 21, 2020 LWC presented research and outreach findings, various approaches, and fiscal impact estimates for potential short-term rental (STR) regulatory frameworks to the Huntington Beach City Council. During this City Council discussion, errors were discovered in the fiscal impact analysis, and this memorandum corrects those errors. Methodology The data used for the fiscal impact analysis was provided by Host Compliance, a software, and data consultant for the STR market and subconsultant to LWC. Host Compliance compiles data on a weekly basis across the world's 50 top STR listing sites.The raw data provided by Host Compliance represents a snapshot of the STR market in Huntington Beach from May 2019 through April 2020(Attachment 1). To the extent that the months of February, March, and April of 2020 were negatively impacted by COVID-19, this estimate of projected revenues should be viewed as a conservative estimate. Host Compliance's data includes the number of STRs, type of STR(i.e.,entire unit,shared unit,shared room), and estimated last 12 months of revenue for each STR. To spatially analyze fiscal implications of STRs, LWC geocoded Host Compliance's rental unit data to determine each STR's location, and based on that evaluation, attributed each unit to one of three subareas: 1) Sunset Beach, 2) Downtown, and 3) the rest of Huntington Beach (Attachment 2). The prior analysis contained a calculation error that projected total annual revenues based on estimated average monthly revenues. The issue has been addressed in this revised analysis, which now uses the estimated last 12 months revenue from Host Compliance instead of estimating annual revenues from monthly figures. Fiscal Impact Analysis LWC analyzed estimated STR expenditures and corresponding annual City revenues. STRs in Huntington Beach are estimated to generate a total of $8,738,294 in expenditures (i.e., revenue for STR operators).Applying the Transient Occupancy Tax(TOT) rate of 10%and the City's I%share of the Tourism Business Improvement District (TBID) assessment, the City would receive $873,829 in TOT revenue and $3,495 in TBID revenue annually. The tables below summarize the STR fiscal impact analysis. The following table summarizes the distribution of expenditures and corresponding City revenue by subarea. 983 Osos Sueet. San Luis Obispo. CA 93401 I (805) 595 13451 isawiseconsuhing.com I 1 1008 Table 1: City STR Revenue by Subarea Total TBID Expenditures TOT TBID (CitvShare) 7096 4% 196o TBID SunsetBeach $1,484,977 $148,498 $S9,399 $594 Downtown $3,615,687 $361,569 $144,627 $1,446 Rest of City $3,637,630 $363,763 $145,505 $1,455 Total $8,738,294 $873 829 $349,532 $3 495 The following table summarizes the expenditures and corresponding City revenue by STR type. Table 2: City STR Revenue by Rental Type Total TBID Expenditures TOT TBID (CitvShare) 1096 4% 1% of TBID EmreUnit $7,846,779 $784,678 $313,871 $3,139 Private Room $891,345 $89,134 $3S,654 $357 Shared Room $170 $17 $7 $0 Total $8,738,294 $873 829 $349 532 S3 495 The following table summarizes the expenditures and corresponding City revenue by STR type for the Sunset Beach subarea only. Table 3: STR Revenue from Sunset Beach by Rental Type Total TBID Expenditures TOT TBID (CitvShare) 10% 4% 1% of TBID Entire Unit $1,430,142 $143,014 $57,206 $572 Private Room $54,834 $5,483 $2,193 $22 Shared Room $0 $0 $0 $0 Total $1,484 977 $148 498 $59 399 $594 Finally, the City Council's direction on September 2151 was to prepare a STR ordinance that would allow all types of STRs (i.e., entire unit, private room, and shared room) in the Sunset Beach subarea, but limit STRs elsewhere in the city to hosted rentals(i.e., private rooms and shared rooms).The following table summarizes the estimated expenditures and corresponding City revenue for this program. 7.°,_. 0505 Street. Jan Luis 0b,500, CA 9340' 15051 595 13-15 liSaWKeconsuliinc_ corn 1009 Table 4: STR Revenue from Council-Recommended Program Total TBID Expenditures* TOT TBID (CitvShare) 10% 4% 1% of TBID City-wide: Private Rooms S836,510 $83,651 $33,460 $335 Ciry-wide: Shared Rooms $170 $17 $7 $0 Sunset Beach All Rental Types $1,484,977 $148,498 $59,399 $594 Total $2 321 657 $232 166 $92 866 $929 ^The subtotals for City-wide and Sunset Beach ore mutually exclusive. Sunset Beach expenditures ore not included in City-wide expenditures. Attachment 1: Host Compliance data Attachment 2: Host Compliance data by Subarea per LWC analysis 983 Osos Street San Luis Obispo CA 93401 1 (805) 595 13451 isawiseconsulung.com 13 1010 ORDINANCE NO. 4224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNfINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5.120, REGULATING SHORT-TERM RENTALS The City Council of the City of Huntington Beach ordains as follows: Section 1. The Huntington Beach Municipal Code is amended by adding Chapter 5.120 to read as follows: CHAPTER 5.120 SHORT-TERM RENTALS 5.120.010 Purpose. The purpose of this Chapter is to establish regulations, standards, and a permitting process governing the renting or leasing of privately owned visitor serving residential dwelling units on a short-term basis in order to maintain the long-term rental housing stock in the City; ensure the collection and payment of Transient Occupancy Taxes ("TOT"); safeguard the residents of the City of Huntington Beach by ensuring that Short-Term Rental activities do not threaten the character of residential neighborhoods; and ensuring that such Short-Term Rental activities do not become a nuisance, or threaten the public health, safety, or welfare of neighboring properties. This Chapter will establish two Zones in the City where Short-Term Rentals are permitted. Zone 1 will consist of all areas of the City excluding Sunset Beach. Zone 2 will consist of Sunset Beach. In Zone I and Zone 2, Short-Term Rentals are permitted in owner occupied residential dwelling units as set forth herein. In Zone 2 Short-Term Rentals are permitted for existing owner "un occupied" residential dwelling units who obtain a permit within six (6) months of the effective date of the resolution establishing the permit fee(s). After six (6) months, no new permits for owner un occupied residential dwelling units will be issued. 5,120.020 Definitions. A. "Booking Transaction" means any reservation and/or payment service provided by a person or entity who facilitates a Short-Term Rental transaction between a prospective guest and a Short-Term Rental Host or Operator. B. "City" means City of Huntington Beach. C. "Director" means the Director of Community Development or a designee. D "Guest' means any person or persons renting a Short-Term Rental as a transient occupant. E. "Host' means a property owner who is an occupier of the property at the time of, and for the duration of, the Short-Term Rental. F. "Hosted Stay" means a Short-Term Rental at a Primary Residence whereby the Host occupies the Short-Term Rental property and remains on-site and resides in a habitable 20-9013/239671 1 dwelling unit or portion thereof throughout the Guest's stay (except during daytime and/or work hours). G. "Hosting Platform' means a person or entity that participates in the Short-Term Rental business by eeheeting OF FeeeiViftg a7fae in exch"e fora fee or other comnensa[i n, directly or indirectly through an agent or intermediary, fern bj conducting a Booking Transaction for a Hosted or Un Hosted Short-Term Rental using any medium of facilitation. H. "Local Contact Person" means the Operator or Host or person designated thereof to respond to and take remedial action regarding Short-berm Rental issues or complaints. I. "Platform Agreement" means a signed agreement between a Hosting Platform and the City, which, among other things, provides that the Hosting Platform will collect and submit Transient Occupancy 'fax and any Improvement District Assessment established pursuant to California Streets and Highways Code sections 36500 and 36600 to the City on behalf of Short- Term Rental Ilosts or Operators. J. "Primary Residence" means a person's permanent residence or usual place of return for housing as documented by at least two (2) of the following: driver's license; voter registration; tax documents showing the residential unit as the person's residence; or a utility bill. K. "Prohibited Buildings List" means a list identifying the address(es) of all buildings whose owner(s), including any applicable homeowners' association or board of directors, have notified the City, pursuant to City procedures, that Short-Term Rentals are not permitted to operate anywhere in such building, including deed restricted affordable housing units. L. "Short-Term Rental ("STR")" means a residential dwelling unit, or portion thereof, that is offered or provided to a paying Guest(s) by a Short-Term Rental Host or Operator for thirty (30) or fewer consecutive nights. The term "Short-Term Rental" shall not include hotels, motels, inns, or bed and breakfast inns. M. "Short-Term Rental Advertisement" means any method of soliciting use of a dwelling unit for Short-Term Rental purposes. N. "Short-Perm Rental Operator"or"Operator" means property owner of a dwelling unit in Sunset Beach, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for an Un Hosted Short-Term Rental. O. "Short-Term Rental Permit" or"Permit" means a Permit, with a Permit number, issued by the City to allow Hosted or Un Hosted Short-Term Rentals. P. "Short-Term Rental Tenant" means a person who has entered into a Short-Term rental agreement for a dwelling unit in exchange for Short-Term occupancy of the dwelling unit. Q. "Transient Occupancy Tax"("TOT") means local Transient Occupancy Tax as set forth in Chapter 3.28 of the Huntington Beach Municipal Code. R. "Un Hosted Short-Term Rental" means a Short-Term Rental in Sunset Beach, where there is no Host and the Operator resides off-site during the Guest's stay. S. "Zone I" means the City of Huntington Beach excluding the property located within the Sunset Beach Specific Plan. 20w0i3239671 2 T. "Zone 2" means property located within the Sunset Beach Specific Plan. 5.120.030 Permit Required. A. No person or entity shall advertise, rent, or operate a Short-Term Rental (STR) in the City unless a Permit has been issued by the City pursuant to this Chapter. An Operator or Host of the STR shall apply with the City to obtain a Permit and shall be responsible for complying with all requirements of this Chapter. Application for a STR Permit shall be in a form prescribed by the Director and include all information determined by the Director to be necessary to evaluate the eligibility of the Host or Operator, consistent with this Chapter. B. An application for a STR Permit shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. C. STR Hosts or Operators shall apply for STR Permit pursuant to this Chapter. Existing unpermitted STR Hosts or Operators shall apply for a STR Permit within six months after the effective date of resolution adopting the STR Permit fee. The Host or Operator shall provide proof of property ownership and shall be the person that signs the application. D. A STR Permit is valid for one (1) year from the date of issuance. The STR Permit is personal and may not be transferred or assigned and does not run with the land. A STR Permit may be renewed annually if STR Operator or Host: (1) pays the renewal fee; (2) provides information concerning any changes to the previous application for, or renewal of, the STR Permit; (3) submits records to demonstrate compliance with this Chapter as required by the Director. Failure to submit a renewal application to the City at least thirty (30) days prior to the expiration of the STR Permit shall render the STR Permit and permission to operate an STR null and void. E. STR Permits issued pursuant to this Chapter are subject to the following standard STR permit conditions: 1. The Host or Operator shall, by written agreement with the Tenant, limit overnight occupancy of the STR to a specific number of occupants, with the number of occupants not to exceed that permitted by the provisions of this Section. 2. The Host or Operator shall insure that the occupants and/or guests of the STR do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions any Federal, State, or Local (including the Huntington Beach Municipal Code) law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 3. The Host or Operator shall, upon notification that occupants and/or guests of his or her STR have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of any Law,including those pertaining to noise,disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a recurrence of such conduct by those occupants or guests. 4. The Host or Operator of the STR unit shall post a copy of the STR Permit and the STR Permit conditions in a conspicuous place within the STR. 20-9013239671 3 5. The Host or Operator shall provide a Guest parking plan to the City for approval prior to issuance of a STR Permit. 6. The maximum number of pers@R , guests inieluding the 1485t who may occupy the STR at one time is two persons per bedroom, plus two additional guests (including children). Lolls that meet California Building Code egress requirements are considered a bedroom for the purposes of the occupancy calculation. In no event may the maximum occupancy exceed ten (10) persons in any STR. Large-scale events (i.e., exceeding maximum allowed occupancy) such as commercial parties, weddings, fundraisers, and conferences, are prohibited. F. Eligibility requirements. In addition to any specific STR Permit requirements set forth the by the Director, the following requirements must be met at the time of submitting a STR Permit application: 1. The dwelling unit shall not be a deed restricted affordable housing unit, in a special group residence, a Single Room Occupancy (as defined by the City Zoning Code), or included on the Prohibited Buildings List. 2. The Operator or Host shall not be granted a permit for more than one STR within the City of Huntington Beach (including Sunset Beach). 3. There will only be one STR permit issued per property except in multi- family single lot subdivisions (i.e. condominiums or townhomes) the number of STR Permits allowed shall be as follows: Number of units per property Number of STR Permits Up to 3 1 4 or more 3 4. The STR Operator shall identify, to the satisfaction of the City, a Local Contact Person, who shall be available twenty-four(24) hours per day, seven (7) days a week for: (1) responding within one (1) hour to complaints regarding the condition, operation,or conduct of the STR or its occupants; and (2) taking any remedial action necessary to resolve such complaints. In the event the STR is"hosted", the Host shall be the Local Contact Person. 5. The dwelling unit or property used as a STR shall not be the subject of any active or pending code enforcement actions or violations pursuant to the City's Municipal Code. 6. if the dwelling unit or property used as a STR is subject to the rules of a homeowners' or condominium association, Short-Term Rental activity must comply with those rules and this Chapter shall not be inferred to grant any permission that invalidates or supersedes any provisions of those homeowners' or condominium associations. 7. The Host or Operator shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save,protect, 20-9013239671 4 hold harmless, and defend the City of Huntington Beach, the City Council of the City of Huntington Beach, individually and collectively, and the City of Huntington Beach representatives, officers, officials, employees, agents, and volunteers from any and all claims, demands, damages, fines, obligations, suits,judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of, or arising out of the STR Host or Operator's actions or inaction in the operation, occupancy, use, and/or maintenance of the Short-Term Rental. 8. The STR shall be a legally permitted dwelling unit. Accessory Dwelling Units or Junior Accessory Dwelling Units may be permitted as a STR only if the unit was legally established prior to the effective date of this Ordinance and otherwise meets the requirements of this Chapter. G. The I-Iost/Operator shall provide proof that the STR is not prohibited by the Homeowners' Association Conditions Covenants and Restrictions or any other community standards/guidelines, applicable to the proposed STR. 5.120.040 STR Regulations. A. All marketing and advertising of a STR, including any listing on a Hosting Platform, shall clearly list the City-issued STR Permit number. B. STR is prohibited in any part of the property not approved and permitted for residential use including, but not limited to, vehicle(s) parked on the property, storage sheds, trailer(s), garage(s), boat(s) or similar watercraft, tree house(s), or any temporary structure(s), including, but not limited to, tent(s)- C. Un Hosted STRs are prohibited in the City of Huntington Beach except in "Lone 2. Existing Un Hosted STRs in Sunset Beach have 6 months from effective date of the adoption of a resolution establishing a STR Permit Fee to obtain a STR Permit. D. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the Guest(e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information: 1. The maximum number of occupants permitted in the unit; 2. Location of parking spaces; 3. Trash and recycling pickup information; 4. Emergency contact information for police, fire, or emergency medical services; and 5. Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations. E. The name of the local contact and a telephone number at which that person may be reached on a twenty-four (24) hour basis posted in a place that can be read by a member of the public without entering the STR. F. No sign shall be posted on the exterior of the STR to advertise the availability of the unit. 2o-9013n3%71 5 G. It is unlawful for any STR Operator, Host, occupant, renter, lessee, person present upon, or person having charge or possession of the STR premises, to make or continue to cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area, or which violates any provision of Chapter 8.40 ("Noise Control') of the Huntington Beach Municipal Code. H. The minimum age of STR Tenants shall be 25 years old. 1. Following compliance with California Streets and Highways Code 36600 et al., STRs will become part of the Huntington Beach Tourism Business Improvement District (BID) and comply with all requirements including payment of legally established BID Assessments. J. The City will post STR contact information on the City website for the public to access. K. An STR may not be operated as any other commercial home-based business. 5.120.050 STR I-lost or Operator Requirements. A. The Host or Operator shall provide information on the maximum allowed number of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements to prospective guests, prior to their occupancy. B. The Most or Operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information. C. The Host or Operator shall maintain and provide proof of liability insurance appropriate to cover the STR as required by the City. D. Transient Occupancy Taxes shall be collected on all STRs pursuant to Huntington Beach Municipal Code Chapter 3.28. If a Hosting Platform does not collect payment for the rental, Hosts or Operators are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 3.28 (Uniform Transient Occupancy Tax). Upon compliance with California Streets and Highways Code 36600 et al., the Host or Operator shall also be responsible for collection and remittance of all BID Assessments. If a Hosting Platform does collect payment for the STRs, then the Hosting Platform and the Operator and Host shall both have legal responsibility for the collection and remittance of the TOT and BID Assessment. E. The Operator, Host and/or property owner shall be jointly responsible and liable for any licit or illicit activity which may create a nuisance or other tortious violations arising at a STR. F. The Host or Operator shall authorize any Hosting Platform on which his or her STR(s) is listed to provide to the City the operator listing and other information to demonstrate compliance with all provisions of this Chapter. 20-9013239671 6 5.120.060 Hosting Platform Responsibilities. A. Hosting platforms shall not process or complete any Booking Transaction for any STR, unless the STR has a valid current STR Permit issued by the City. Hosting platforms are required to list the STR Permit number and expiration date. B. Within forty-five (45) days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the City contact information of the Hosting Platform. C. A Hosting Platform with listings located in the City shall provide to the City on a monthly basis, in a format specified by the City, the STR Permit number of each listing, the name of the person responsible for each listing, the address of each such listing, and, for each Booking Transaction that occurs within the reporting period, the number of days booked, and the total price paid for each rental. D. Hosting Platforms shall remove any listings for STRs, including those on the City's Prohibited Buildings List, from the platform upon notification by the City. E. shall infeFm all Hosts or OpereteFs whe use the platfefm of the Nests 6F Operator's responsibility to eollect and- remil A—I! applieeble leral, swe, and al LW�i.UpL'PWCopus_51L11 t respunsible f'or Soo�ctitt8 all_�lk:able TOT end TBID assessments-and_nmittine the Satnr tt the City. Should a Hosting Platfomi fair Lulfill its resrwnsibilities WSWr this Section, or the Hosting Platform and the oww-critgr into an acreemen[ r eline [he fulfillment of this subsection. the owner shall ru2waLbk fur wllec[ionaad remittance of the TOT and T D assessments th Hst3tin¢ Platform failcd to Collect and/or remit to the City. F. All hosting Platforms operating in the City must comply with all Federal, State, or Local (including the Iluntington Beach Municipal Code) laws. 5.120.070 Enforcement. A. Violations of this chapter include, but are not limited to: 1. Failure of the Local Contact Person to take action to respond to a complaint within one(1) hour after the complaint is received or a contact is attempted, and the Local Contact Person cannot be reached; 2. Failure to notify the City when the Local Contact Person's information changes; 3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter; 4. Providing false or misleading information on a STR Permit application, or other documentation required by this Chapter; 5. Any attempt to rent an unregistered STR by advertising the property for Short-Term Rental purposes; 6. Completing a Booking Transaction in the City without a valid City-issued STR Permit number; 20ao13,23%71 7 7. Completing a Booking Transaction where the STR Permit has been revoked or suspended by the City; 8. Violations of State, County, or City health, building, or fire regulations; 9. Conduct or activities at the STR that constitute a public nuisance or which otherwise constitute a hazard to public peace, health, or safety; 10. Authorizing, permitting, facilitating or otherwise allowing any Un Hosted STR occupancy or activity in any dwelling unit in the City, except as legally permitted in Sunset Beach. B. The Fine for violations of any provision of this Chapter shall be one thousand dollars ($1,000) for each violation. Each separate day in which a violation exists may be considered a separate violation. However, a thirty (30) day warning period shall be provided prior to issuing fines for advertising a STR without a valid STR Permit number. C. If three (3) fines have been issued against a STR Host or Operator within a twelve (12) month period, the STR Permit may be revoked, or suspended, or additional conditions may be imposed by the Director by providing written notice to the STR Host or Operator setting forth the basis of the intended action and giving the STR Host or Operator an opportunity, within fourteen (14) calendar days, to present responding information to the Director. After the fourteen (14) day period, the Director shall determine whether to revoke the STR Permit, suspend the STR Permit, or impose additional conditions upon the STR Permit and thereafter give written notice of the decision to the STR Host or Operator. if a STR Permit is revoked, the STR may not be re-registered with the City for a period of twelve (12) months from the date of revocation. D. The City hereby finds and declares that repeated violations of this Chapter constitute a public nuisance which may be enjoined under all applicable laws including Code of Civil Procedure Section 731. E. Any person, Hosting Platform, or STR Host or Operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to reimburse the City its full investigative and enforcement costs, pay back all unpaid TOT if applicable, and remit all illegally obtained rental related revenue to the City. F. Pursuant to the Huntington Beach Charter, the City may issue and serve administrative subpoenas as necessary to obtain specific information regarding STR listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the STR listings comply with this Chapter. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A person, Hosting Platform, or STR operator that has been served with an administrative subpoena may seekjudicial review during that thirty (30) day period. G. The remedies provided in this Section are cumulative and not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established by law. 20-9013/239671 8 H. The City Manager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this Chapter for interpreting, clarifying, carrying out, furthering, and enforcing the requirements and the provisions of this Chapter. 1. If any provision of this Chapter conflicts with any provision of Title 20-25 (Zoning), the terms of this Chapter shall control. 5.120.080 Severability Clause. If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses, or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to be severable. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 120 Mayor ATTEST: APPROVED AS TO FORM: City Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: City Manager Community Development Director 20-9013n39671 9 ATTACHMENT #4 Switzer, Donna From: Louise Burke <louise1b3741@gmail.com> Sent: Thursday, December 17, 2020 1:11 PM To: supplementalcomm@surfcity-hb.org Subject: Supplemental Comment 12/21/20 Dear Madam Mayor and City Council Members, My name is Louise Burke, and I would like to provide public comment in support of agenda item number 21 with regards to Short-Term Rentals. I first came to Huntington Beach with my partner on vacation from Ireland in 2017. We stayed in a short term rental with a local host where we had the most incredible experience as visitors in this city. As we had such a great stay we applied for working visas and relocated to Huntington Beach this year, we both now live and work in the city. Staying in a short term rental with a local host provided us with the opportunity to see Huntington Beach through the eyes of a local person. Our host acted as an ambassador for the city, promoting local businesses. During our stay the host provided numerous recommendations of local restaurants and shops in the area, this influenced us to spend our money locally, particularly at small businesses. I cannot speak highly enough of short-term rentals; they are an invaluable asset to any city. The opportunities that short-term rentals create cannot be overlooked, they increase tourism, promote local spending and boost the economy as a whole. I hope that the city council recognizes the value of short-term rentals and supports hosts as they continue to promote Huntington Beach. Many thanks, Louise SUPPLEMENTAL COMMUNICATION Mae" Data. 1.2 f-2!l26 ZU A,96n5a Ikm Nw 07/ (070-�)05LI} t Switzer, Donna From: Julie Kimmel <juliebkimmel@yahoo.com> Sent: Friday, December 18, 2020 10:38 AM To: supplementalcomm@surfcity-hb.org Subject: Short Term Rentals Dear Council. I have commented for the last Council Meeting that I am fully in favor of Short Term rentals in all of Huntington Beach with the owner not being on the premises I assume that my opinion has been registered and carried over to the upcoming meeting next week Additionally I would like to make the following comments as talks about exceptions to your proposed rules are on the table I would argue that all owners in downtown Huntington Beach should be allowed to host short term rentals with the owner present and with the owner not on the premises The City has clearly made the downtown area a hub of tourism and that has expanded with the re development of downtown and the addition of Pacific City and hotels all within walking distance of the downtown neighborhood Also, the downtown neighborhood is an area of commercial and mixed use On my street alone in 7 blocks to the beach - 11th St there is a park, multiple restaurants. a liquor store apartments condos. single family homes and a hotel One block over there is a church We do have current short term rentals on our street which have never been a problem for me The downtown area is home to the focus of the 4th of July parade fireworks on the beach. the parking for the big events held on beaches such as surf championships. air show etc (but thank goodness paint ball is gone') It is the parking for busy summer weekends for beach visitors due to its beautiful beach north of the pier and limited city parking. It is increasingly the high profile site of citizens from inside and outside the city exercising their rights of protest It is NOT your sleepy bedroom neighborhood It has been my proud home for 36 years The city will realize financial benefits from downtown short term rentals Allow an exception to include hosted and unhosted downtown short term rentals It is already a busy. vibrant neighborhood Thank you. Julie Kimmel 611 11th St 714-402-8052 SUPPLEMENTAL COMMUNICATION t,tattV Dols: 1.2/.,)1/,2 o.2y Agenda „ nt,.. t Moore, Tania From: Binh Vo <b_vo@yahoo.com> Sent: Sunday, December 20, 2020 11:07 PM To: supplementalcomm@surfcity-hb.org Cc: Binh Vo Subject: Please support STRs in Huntington Beach Dear members of HB City Council. We have been living in Huntington Beach since 1980 All of my parents and siblings are residents of Huntington Beach We plan to retire in a very few short years My wife and I own 2 STRs in Huntington Beach for almost 10 years. We have good relationship with all our neighbors. We respect our neighbors and so did our rental's guests We take proper and good maintenance of our properties We also live on our own properties many times during the year Most, if not all. of my renters are families with small children, older parents sometime with special needs requiring guide dogs, medical equipment, etc They come to HB to visit their relatives Some of the families brought their own emotional support pets. babysitters, long term care helpers Some families stayed as short as 1 week Some stay 1 month or longer waiting for their houses to be repaired, or to recover from a medical condition These days with Covid-19 pandemic most families would rather stay in houses in order to maintain social distancing We have local professional management to oversee trash, parking and noise issues Our properties are very well maintained. clean For almost 10 years we have had zero noise complaints filed with the city the entire time I prefer to see the city adopt a code similar to what Newport Beach is doing Newport Beach has a successful policy in place, Huntington Beach should follow their lead I urge the City Council to approve STRs I believe there are very few STRs in downtown HB Most people cannot afford to stay more than 1 month The tax generated from STRs would supplement tax revenues for the city. It is a win-win for both the city and the homeowners Thank your for consideration Sincerely. Binh SUPPLEMENTAL COMMUNICATION Moore, Tania From: Orange City STRs <orangecitystr@gmail.com> Sent: Sunday, December 20, 2020 9:33 PM To: supplementalcomm@surfcity-hb.org Subject: Agenda Item 21 (STRs) Honorable Mayor Carr and Members of the Huntington Beach City Council, My name is Susan Tillou and I'm writing on behalf of the City of Orange Short Term Rental homeowners group. We write in support of your consideration of STRs tonight and thank you for allowing us to make a public comment. Short term rentals are simply small businesses nestled into our communities. In a time when many of us are working from home, this'working local' concept has taken on an even broader meaning than it had even this time last year. During 'normal' non-pandemic times. STRs are direct contributors to tourism and dollars flowing into our local economies. Permitted hosts pay business licenses and generate TOT that, in turn, fund the city's management of these businesses. Moreover, STRs actually provide revenue in multiples beyond this use case - covering administrative tasks, code enforcement, and with plenty of margin as direct revenue to the city. According to a recent Airbnb host poll, 94%of STR hosts share local business recommendations with guests. This drives traffic into neighborhood establishments within a few blocks' radius of our homes and tourist dollars deeper into our cities via incremental sales tax revenue when they visit grocery stores, restaurants, local shops and spend on seasonal touristic services. Given that Airbnb's recent IPO took the company from a $1b valuation to $1Olb literally overnight, it's clear the shared economy business model is here to stay. Our belief is that when homeowners and the city work closely together on reasonable regulation, we all benefit from incorporation of these businesses with appropriate controls to ensure this is done without impacting the safety, peace or character of our cities. Thank you again for your time and support of small home-run businesses in our cities. Susan Tillou SUPPLEMENTAL COMMUNICATION Mee*V Deft:�t o� Ayende Nwn wt►.:_1 �ao - 90Stl,L— SUPPLEMENTAL Moore, Tania CGMML'.�IC,srtn�� From: Winter Orchid <winterorchid@hotmail.cpn DateI���I l�� Sent: Sunday, December 20, 2020 5:21 PMmee0� To: supplementalcomm@surfcity-hb.org a t (aO 010 Subject: Letter opposing proposal to restrict Sho%"r�i�,Hunfington Beach Good evening members of the board. I have a second home in Huntington Beach. I request that the city Council adopt regulations similar to Newport Beach for downtown Huntington Beach homes rather than to restrict short term lodging permits to Sunset Beach and residents that live in their vacation rental or within 500 feet. I am opposed to the regulation you were proposing. Please remove the restriction that the owner must live in the property or be within 500 feet and remain at the property during the guest stay only leaving for work. This proposition will bring more harm than good to the community for the following reasons: 1. As you know, many owners in the beach areas are not full-time residents nor live within 500 feet of the home. Most of us don't work nor live in a vacation city. Therefore, when I bought this house, I intended for it to be a vacation house. If enforced, this law would make it impossible for the majority of us second home owners to rent our house out tourists because most people when they go on vacation don't want to share a house with someone else. This is especially relevant during the pandemics. Less vacation renters means less income to local businesses and revenues to the city. 2. Not all renters are tourists. Many are families that need short term stay while their houses are being repaired due to flood/fire and other issues. These families prefer a home living style and not be scattered out throughout different rooms in a hotel. 3. STR's generally has far less problems than long term (ie 1+ year lease) rentals because I have a professional property management team that do a far much better job at screening the guests than even the hotels. Nearly all of our guests are families. Families tend to prefer a large house where they can all stay together and have access to a full kitchen and the cost of renting a house is far less than the cost of renting multiple hotel rooms. Our guests don't hold noisy parties. We have curfew for outdoors activities at 1OPM. We don't allow smoking/drugs/heavy drinking inside or out. It is my experience when I live at my house is the noise come from long term (people that have 1+ year lease). The population that tend to go for these mutli year leases are usually young single people who enjoy the beach lifestyle but can't afford it on their own so they pool together. Such groups of young single people tend to have large parties at night. My neighbor even told me she prefers to live next to a vacation rental than a leased rental because the vacation rentals don't always have people living there so it's quieter than leased rentals. I know all neighbors around me. They know me and the property managers and have access to us at all time. If there was ever an issue they notify us and the issue taken care of right away. 4. The home is maintained and cleaned on a regular basis. I spend large sums of money to keep my home looking attractive for the obvious reason that vacation renters are looking for a premium experience. Vacation rentals are in much better shape than the leased rentals. This is a fact and clearly would contribute positively to the image of the city. i 5. It is extremely unfair to all home owners in this city. I pay my property taxes and have a personal interest in my home. I take better care of my home and my neighbors than the large hotels with their noisy restaurants and bars, that has thousands of people living it them at any one time. It is not fair to us who make this city our second home to be given less rights than large faceless hotel corporations. This regulation is extremely hostile to Huntington Beach residents and puts the entire city at a disadvantage while neighboring cities are taking advantage of the short term rental markets. I plead with you to take a serious look at this situation and come to a solution that is fair and equitable to all residents of Huntington Beach. Not just to the big corporations. Thank you. A very concern Huntington Beach home owner. 2 Moore, Tania From: Anthony Nemelka <anthonynemelka@gmail.com> Sent: Sunday, December 20, 2020 4:29 PM To: supplementalcomm@surfcity-hb.org Subject Fwd: Pending STR ordinance Dear city council members, As a follow-up to my letter dated November 14, 2020 below, I'd like to bring one additional important matter to your attention. Do we really want to force people into doing hosted rentals knowing the increased COVID transmission risk associated with that? In my neighborhood, built in 1%5, most of the people living there are retired. They are frequently away, either visiting family or simply traveling. They will be some of the first to sign up for STR licenses in order to supplement their incomes, and they will want to do so while they are away. Do we really want to force this high risk group to stay home and expose themselves to transmission risk from strangers in order to supplement their incomes? Of course we don't. A better first start would be to allow unhosted rentals for owner-occupied properties. This could be confirmed by physical inspection and/or by looking at property insurance documents. A knit shawl received as a Christmas gift from Aunt Gayle in 1%2, stored away carefully in the attic in its original box, is pretty good evidence that the owner lives there--even if they spend a good portion of their time elsewhere :) Thank you again for your service to the city, and I wish you all a calm and reflective holiday season. Anthony Nemelka ---------- Forwarded message -------- From: Anthony Nemelks SUPPLEMENTAL Date: Sat, Nov 14, 2020 at 1:00 AM COMMUNICATION Subject: Pending STR ordinance To: <SupplementalCommnasurfcity-hb.org> Meeting Date: IaT��oaC) Re: Pending STR ordinance Agenda twn+No., Dear city council members, I have read the draft STR ordinance, and 1 largely support it. But I think you are making one big mistake. You have successfully transformed the city into a resort community,but one of the consequences is that many homes are becoming 2nd homes for people. Your proposed ordinance seems to be ignoring that--to the detriment of our communih. 1 have owned my home in south Huntington Beach near PCH since 1992. My children were born there. I have significantly upgraded the property over the years and spend as much time as 1 can there—as do my children who now live elsewhere. When the time comes, I will retire there. But for now, my work requires that I spend much of my time overseas. My time in Huntington Beach is often quite limited. It's like a vacation home for me 1 right now. My father in law. who was a doctor at Hoag, lived in a beautiful home on the bluffs overlooking Balboa Island—in the neighborhood known as Irvine Terrace. Stunning views. It was the quietest neighborhood I have ever visited. In fact. it was a ghost town. From what I could tell, most of the other homes on the bluff overlooking the ocean were empty most of the time. They were 2nd or 3rd homes of people whose work and lifestyle allowed infrequent visits. It was a shame that those homes were not being shared for others to enjoy while the owners were busy elsewhere. It is a very common lifestyle, and one that is becoming increasingly prevalent in Huntington Beach. Please don't let our neighborhoods turn into ghost towns. Encourage people like myself to open up their vacation homes for others. Huntington Beach is a wonderful place, and the council should make it more accessible for large families to enjoy. In these trying times, STRs are the best option for anyone with a large family. love Huntington Beach. And I know you do too. Let's make sure it doesn't turn into the next residential ghost town. I'd love to show you my place. 1 think you would be pleased by how it represents the future of the city. Please don't hesitate to call if you would like to arrange a visit. My best wishes to you all. Thank you for what you have done to the city that I will always call home. Anthony Nemelka 2 Moore, Tania From: Toral Patel <toral.patel@airbnb.com> Sent: Friday, December 18, 2020 5:24 PM To: supplementalcomm@surfcity-hb.org Subject: Re: Huntington Beach City Council - Comment (Item 21) Attachments: Airbnb Letter to Huntington Beach City Council.pdf My sincere apologies for the re-submission -- our previous letter contained an important typo. Please see attached for the correct version. Many thanks, Toral On Fri, Dec 18, 2020 at 5:00 PM Toral Patel <toral.patel&airbnb.com> wrote: Thank you for the opportunity to provide inputs on the City's draft short-term rental regulations. Items 1 and 21 on the December 21, 2020 City Council agenda. Attached is Airbnb's comment letter for your consideration. Best, Toral af1b Toral Patel Policy & Communications SUPPLEMENTAL COMMUNICATION 11selh Deb:i al a t kcao AgwWa 1Mm No.:-ol 1 �20 -,-n5 4, airbnb December 21, 2020 Honorable Mayor and Members of the City Council Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Carr and Honorable Members of the City Council, On behalf of Airbnb, thank you for the opportunity to provide input as the City of Huntington Beach considers rules to legalize short-term rentals. Since 2008, Airbnb has worked closely with hundreds of cities around the world to help communities realize the key benefits of STRs for residents, visitors, and local economies through fair, balanced regulations. Our mission is to create a world where people can belong through healthy travel that is local, authentic. diverse. inclusive and sustainable. Our accommodation marketplace provides access to about 5.6 million active listings in approximately 100,000 cities and more than 220 countries and regions. Hosts and guests directly contribute to local economies through transient occupancy tax, sales tax, and local business activity. We appreciate your willingness to consider rules that legalize short-term rentals, and look forward to working with the City of Huntington Beach toward shared goals: preventing illegal listings, ensuring that the City receives tax revenues from short-term rental activity, and minimizing nuisances. However, we are concerned that the current ordinance on the agenda would negatively impact existing hosts of unhosted rentals outside of Sunset Beach and limit potential revenues for the City. We ask the City Council to delay taking any action on the proposed short-term rental ordinance tonight, in order to allow time for continued discussion with hosts and hosting platforms on the following proposals. 1.Allow all existing hosts an opportunity to obtain a permit The COVID-19 pandemic has had a disproportionate impact on the travel industry. including short-term rental hosts and small businesses who rely on economic activity generated by tourism in their communities. According to a global survey from November 2019, about one in five Airbnb hosts are retirees. Hosts are teachers(10%) and healthcare workers (9%). They are in hospitality (7%),technology and retail (both 6%), and construction (5%). They are also artists (5%) and designers. Approximately half of our hosts reported that their short-term rental income helps them afford their housing and make ends meet. In the wake of a global pandemic and the record breaking number of layoffs,for many hosts, their short-term rental income will be even more important, for some, it may be their only source of income. The proposed ordinance—which would allow only hosts in Sunset Beach an opportunity to obtain a permit—would have detrimental impacts on hosts outside of Sunset Beach who have come to rely on short-term rentals to supplement their income. Allowing all existing hosts an opportunity to obtain a permit would protect an important safety net at a time of great economic uncertainty. Moreover, it would significantly expand the amount of TOT and TBID revenues for the City, based on Lisa Wise Consulting's Fiscal Impact Analysis. 2. Consider allowing more unhosted rentals We urge the City to consider allowing unhosted rentals with reasonable limits, following the model of several Coastal cities like Long Beach, Oxnard and Oceanside. Unhosted rentals have provided low-cost options for Californians wishing to visit the coast for decades, offering a much different experience than staying in a hotel or camping. Huntington Beach's location makes it an attractive destination for families and visitors,who may prefer the conveniences that short-term rentals offer —from greater privacy and access to a full kitchen, to gathering spaces and multiple bedrooms and bathrooms. Often, they are available at a more affordable price point for families traveling with children. Limiting the number of unhosted rentals to only the current number in Sunset Beach makes staying in Huntington Beach unaffordable and may drive tourism dollars to Other beachside cities in the region. Moreover,the California Coastal Act was created to protect and preserve California's iconic coastline and beaches and to ensure that everyone has maximum access to this precious resource. This access is being threatened by the high cost of coastal real estate,which has pushed many Californians to move inland. farther away from the coast in search of affordable housing. Numerous studies have found that while visiting the coast is highly desired by most Californians, many feel that a visit is too costly. Economy class hotels along the coast have closed at a far greater rate than other more expensive types of accommodations. The lack of affordable accommodation along the coast creates a significant barrier to access and makes it harder for low and middle-income families to visit. In this setting, short term rentals in communities like Huntington Beach offer a solution, allowing for the use of property otherwise unoccupied and may offer much needed income to hosts. Finally, vacation rentals are an important option for travelers during the ongoing global pandemic. They enable guests to practice social distancing measures and minimize exposure to others while traveling. The Center for Disease Control (CDC) recently recognized STRs offer a safer travel experience relative to hotels, without the risk of commons spaces like lobbies or dining halls. Over the last six months, Airbnb introduced the first-ever overarching cleaning and sanitization guidelines in the home sharing industry and evolved our health and safety practices to help ensure Airbnb hosts are providing the best and safest stays possible. Airbnb's Enhanced Cleaning Protocol was developed with guidance from leading experts in hospitality and medical hygiene. In an effort to reiterate our commitment to responsible travel and the well-being of or communities, we recently announced all hosts and guests must commit to Airbnb's COVID-19 Safety Practices,which include wearing a mask, practicing social distancing, and, for hosts and their teams, abiding by our expert-backed five-stpn Pnhanced cleaning process. This commitment will help safeguard the health and wellbeing of hosts, guests,their communities and governments. 3. Include language with which hosting platforms can reasonably comply We understand that the intent of Section 5.120 060 -Hosting Platform Responsibilities' is to prevent illegal short-term rental listings in Huntington Beach, and support this important goal. As written, however, hosting platforms will need to verity a registration number against a city registry before completing a booking This would require the City to maintain a list of permitted units that is updated daily, but ideally in real time. In our experience, it has been difficult for cities -- even large cities with a large tourism base —to update their registries consistently, creating uncertainty for everyone. This implementation scheme could be unduly burdensome for City staff and may result in some hosts being denied the opportunity to list their property for short-term rental on a hosting platform if the City is unable to maintain an up-to-date registry, raising the possibility of a due process legal challenge brought by hosts and hosting platforms. In lieu of this administratively burdensome compliance framework and potential City exposure to litigation, the intent of the ordinance —to prevent illegal listings from operating in the city—can be better met by requiring hosting platforms to remove illegal listings upon notice from the City. This "notice and takedown"framework is what Airbnb has agreed to in Santa Monica, San Francisco and Seattle, as well as in smaller jurisdictions like Sacramento, Newport Beach, and El Segundo. We have found that this compliance framework is more transparent, addresses the City's desire to address bad-actor listings, and allows the City and hosting platforms to jointly implement an enforceable short-term regulatory framework. To make notice and takedown easy for the City to implement, Airbnb is willing to provide a field into which hosts can input their City-issued permit number with their listings. The City can then check the listings against their permit records and notify a hosting platform of any violations, which the hosting platform then removes within a few days. In addition to having a permit number listed on its short-term rental advertisements, hosting platforms can also provide the City a list of all short-term rental advertisements and their corresponding permit numbers. Hosting platforms would not be able to re-advertise a listing that was previously taken down for short-term rental use until notified by the City that the listing is compliant. 4. Work together to protect quality of life in neighborhoods We appreciate that the City wants to protect public safety and neighborhood integrity, and stand ready to support your efforts to enforce regulations toward this goal. We would like to highlight a few ways in which we can work together. In November 2019, Airbnb took a stand against "party houses" and formally panned them from our platform in accordance with Our policies. We went on to expand on that ban with more transparency about the policy, including a ban on "open-invite" parties as well as large gatherings in apartment or condo buildings. Since then, we have ramped up enforcement on this policy. carrying out penalties for violators in markets like Los Angeles, Florida. Australia and more. Many of these suspensions and removals have stemmed from issues raised to us by neighbors through the Neighborhood Support Line. Launched in December 2019, this tool allows neighbors to reach Airbnb directly with their concerns and has proven important in our efforts to combat unauthorized gatherings. To build on these efforts, we announced a olobal ban on all parties and events at Airbnb listings in August 2020, in accordance with our policies and in the interest of public health, until further notice. This was accompanied by a new occupancy cap of 16 people in a listing. This ban has been well received by our global host community, the majority of whom already prohibited parties in their listings' House Rules. We also took measures within our platform to promote responsible behavior such as removing the "event-friendly" search filter and removing any "parties and events allowed" in listing advertisements. In addition,we have a full-time team committed to engaging with local law enforcement partners to assist with investigations of criminal activity and ensure the safety of our community. Law enforcement officials can submit both standard and emergency requests via our Ldat Enforcement Portal. Thank you for the opportunity to submit comments on the proposed short-term rental ordinance. We look forward to continuing to work with Huntington Beach to bring the benefits of healthy and sustainable tourism to the City and its residents. Sincerely, John Choi Policy Manager.Airbnb Moore, Tania From: Fikes, Cathy Sent: Monday, December 21, 2020 9:59 AM To: Agenda Alerts Subject: FW: Short Term Rental Ordinance From: Kim Kramer<kim@e-mailcom.com> Sent: Monday, December 21, 2020 8:59 AM To: CITY COUNCIL<city.council@surfcity-hb.org> Cc:Chi,Oliver<oliver.chi@surfcity-hb.org>; Luna-Reynosa, Ursula <ursula.luna-reynosa@surfcity-hb.org> Subject:Short Term Rental Ordinance Dear City Council members, I am always wary when special interest organizations. such as airbnb, get involved in our civic affairs to assist us in developing policy. As STRs have been illegal in Huntington Beach (Zone 1) since "forever," 1 am wondering how helpful airbnb has been in supporting our City's STR policy in the past. If airbnb had supported our existing policy (and ordinance), we would not currently have an STR issue. Sorry, but I question special interest organizations that have no special interests other than their own. Please consider this when you read their letter. 1 understand that airbnb is now being "forced"to be good partners with us, but their recommendations, in my opinion, are not in the best interest of our City. We can always expand this new ordinance in the future and I caution against doing too much too soon. Future contraction is not an option. I support a conservative approach, strict enforcement, and distance and/or capping limits on STR permitting as was originally presented by the consultants, but somehow not included in the new ordinance. I trust our new City Council will make the best decision on this very important issue and I wish you all the best in this regard. Respectfully submitted, Kim Kramer kim'a.e-mailcom.com SUPPLEMENTAL COMMUNICATION M**V Dab: t4al I Ar1a0 Ap r4a Wn Na: Al �90 - 0105� ) t Moore, Tania From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, December 21, 2020 9:28 AM To: supplementalcomm@surfcity-hb.org Subject: Public Comment Agenda Item 21 Dear City Clerk Estanislau, The following is submitted for public comment as one example of the many priceless experiences short term rental guest have when they stay with our hosts in Huntington Beach: SUPPLEMENTAL COMMUNICATION r i� 2,aQ Mselkq Deb: �••--�� Agenda h8m No: - S t pff 41t Itlk. ti� If %K,' �,:k So fa ctir%vA*Y k�ce la,�� � :v�', ut� �, ,y� bur,• ,� `�w , L, >Hnl�J,j, �r•�f _ 0 i (h44tt CW K WC or f�:, kya its Ix9. b6 �cM+�ti 51aS+� i+; 5►�, rrY Jof CG1h1f fi k: ftk) ;, wn yin 2n0U91 I� "'7 ��1 1+� t! M�� Cary 93I �ti �t L•fh `W CAS M 0 T 1 I I, 1 III f t ' f 2 Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.ora l Website: https://www.hbstra.orgl 3 Moore, Tania From: Kathryn Levassiur <levassiurk@gmaiLcom> Sent: Sunday, December 20, 2020 2:S0 PM To: supplementalcomm@surfcity-hb.org Subject: STR Agenda Item #21 Dear Mayor Carr and Council Members, On behalf of Huntington Beach Short-Term Rental Alliance members, we urge council to continue STR agenda item #21 - council and staff can do better. We have been advocating for taxed and regulated short-term rentals for nearly four years. We can wait a little longer for and ordinance that includes unhosted vacation rentals citywide, an ordinance where everyone in Huntington Beach and Sunset Beach abides by the same rules. We ask that the revised ordinance include clearer rules for duplexes, TRI plex, 4plex units and that it would be considered hosted if a property manager/owner lives in one of the units. We are also advocating for the appointment of a STR council subcommittee that would meet monthly to discuss issues and determine ongoing best practices for the STR ordinance. Huntington Beach is a global destination and tourism revenue is a major financial driver that supports local businesses and jobs in the city. Of the estimated 820 STRs operating in HB and Sunset today, 70% or approximately 570 are unhosted rentals. Many of these properties have been responsibly operating throughout the city for generations. They offer affordable (per capita) visitor accommodations to families who want to safely stay together, that is all the more concern because the current pandemic. These properties also offer the greatest source of revenue for the city's general fund. In closing, HBSTRA urges council to return with a new and improved STR draft ordinance that includes comprehensive regulations for both hosted and unhosted STRs where everyone in HB and Sunset abides by the same STR regulations. Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.ora l Website: https://www.hbstra.org/ SUPPLEMENTAL COMMUNICATION Moo" Date: Agenda ram No.' �n_ Moore, Tania From: Toral Patel <toral.patel@airbnb.com> Sent: Friday, December 18, 2020 5:00 PM To: supplementalcomm@surfcity-hb.org Cc: John Choi Subject: Huntington Beach City Council - Comment (Item 21) Attachments: Airbnb Letter to Huntington Beach City Council.pdf Thank you for the opportunity to provide inputs on the City's draft short-term rental regulations, Items 1 and 21 on the December 21, 2020 City Council agenda. Attached is Airbnb's comment letter for your consideration. Best, Toral W *bnb Toral Patel Policy & Communications SUPPLEMENTAL COMMUNICATION Meeting Dale:_d I Agenda Urn No. L% airbnb December 21, 2020 Honorable Mayor and Members of the City Council Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Semeta and Honorable Members of the City Council, On behalf of Airbnb, thank you for the opportunity to provide input as the City of Huntington Beach considers rules to legalize short-term rentals. Since 2008, Airbnb has worked closely with hundreds of cities around the world to help communities realize the key benefits of STRs for residents, visitors. and local economies through fair, balanced regulations. Our mission is to create a world where people can belong through healthy travel that is local, authentic, diverse, inclusive and sustainable. Our accommodation marketplace provides access to about 5.6 million active listings in approximately 100,000 cities and more than 220 countries and regions. Hosts and guests directly contribute to local economies through transient occupancy tax, sales tax, and local business activity. We appreciate your willingness to consider rules that legalize short-term rentals. and look forward to working with the City of Huntington Beach toward shared goals: preventing illegal listings,ensuring that the City receives tax revenues from short-term rental activity, and minimizing nuisances. However, we are concerned that the current ordinance on the agenda would negatively impact existing hosts of unhosted rentals outside of Sunset Beach and limit potential revenues for the City. We ask the City Council to delay taking any action on the proposed short-term rental ordinance tonight, in order to allow time for continued discussion with hosts and hosting platforms on the following proposals. 1.Allow all existing hosts an opportunity to obtain a permit The COVID-19 pandemic has had a disproportionate impact on the travel industry, including short-term rental hosts and small businesses who rely on economic activity generated by tourism in their communities. According to a global survey from November 2019, about one in five Airbnb hosts are retirees. Hosts are teachers(10%) and healthcare workers (9%). They are in hospitality (7%), technology and retail (both 6%). and construction (5%). They are also artists (5%) and designers. Approximately half of our hosts reported that their short-term rental income helps them afford their housing and make ends meet. In the wake of a global pandemic and the record breaking number of layoffs, for many hosts.their short-term rental income will be even more important, for some, it may be their only source of income. The proposed ordinance —which would allow only hosts in Sunset Beach an opportunity to obtain a permit—would have detrimental impacts on hosts outside of Sunset Beach who have come to rely on short-term rentals to supplement their income. Allowing all existing hosts an opportunity to obtain a permit would protect an important safety net at a time of great economic uncertainty. Moreover, it would significantly expand the amount of TOT and TBID revenues for the City, based on Lisa Wise Consulting's Fiscal Impact Analysis. 2.Consider allowing more unhosted rentals We urge the City to consider allowing unhosted rentals with reasonable limits, following the model of several Coastal cities like Long Beach, Oxnard and Oceanside. Unhosted rentals have provided low-cost options for Californians wishing to visit the coast for decades, offering a much different experience than staying in a hotel or camping. Huntington Beach's location makes it an attractive destination for families and visitors. who may prefer the conveniences that short-term rentals offer —from greater privacy and access to a full kitchen, to gathering spaces and multiple bedrooms and bathrooms. Often, they are available at a more affordable price point for families traveling with children. Limiting the number of unhosted rentals to only the current number in Sunset Beach makes staying in Huntington Beach unaffordable and may drive tourism dollars to other beachside cities in the region. Moreover, the California Coastal Act was created to protect and preserve California's iconic coastline and beaches and to ensure that everyone has maximum access to this precious resource. This access is being threatened by the high cost of coastal real estate,which has pushed many Californians to move inland, farther away from the coast in search of affordable housing. Numerous studies have found that while visiting the coast is highly desired by most Californians, many feel that a visit is too costly. Economy class hotels along the coast have closed at a far greater rate than other more expensive types of accommodations. The lack of affordable accommodation along the coast creates a significant barrier to access and makes it harder for low and middle-income families to visit In this setting, short term rentals in communities like Huntington Beach offer a solution, allowing for the use of property otherwise unoccupied and may offer much needed income to hosts. Finally,vacation rentals are an important option for travelers during the ongoing global pandemic. They enable guests to practice social distancing measures and minimize exposure to others while traveling. The Center for Disease Control (CDC) mcpntly rpcopnizPd STRs offer a safer travel experience relative to hotels, without the risk of commons spaces like lobbies or dining halls. Over the last six months, Airbnb introduced the first-ever overarching cleaning and sanitization guidelines in the home sharing industry and evolved our health and safety practices to help ensure Airbnb hosts are providing the best and safest stays possible. Airbnb's Enhanced Cleaning Protocol was developed with guidance from leading experts in hospitality and medical hygiene. In an effort to reiterate our commitment to responsible travel and the well-being of or communities,we recently announced all hosts and guests must commit to Airbnb's COVID-19 Safety Practices, which include wearing a mask, practicing social distancing, and, for hosts and their teams, abiding by our expert-backed five-stern nhanr�ad Ia=ningnrncPc<. This commitment will help safeguard the health and wellbeing of hosts, guests, their communities and governments. 3. Include language with which hosting platforms can reasonably comply We understand that the intent of Section 5.120 060 "Hosting Platform Responsibilities" is to prevent illegal short-term rental listings in Huntington Beach, and support this important goal. As written, however, hosting platforms will need to verify a registration number against a city registry before completing a booking. This would require the City to maintain a list of permitted units that is updated daily, but ideally in real time. In our experience, it has been difficult for cities -- even large cities with a large tourism base —to update their registries consistently, creating uncertainty for everyone. This implementation scheme could be unduly burdensome for City staff and may result in some hosts being denied the opportunity to list their property for short-term rental on a hosting platform if the City is unable to maintain an up-to-date registry, raising the possibility of a due process legal challenge brought by hosts and hosting platforms. In lieu of this administratively burdensome compliance framework and potential City exposure to litigation, the intent of the ordinance --to prevent illegal listings from operating in the city —can be better met by requiring hosting platforms to remove illegal listings upon notice from the City. This "notice and takedown"framework is what Airbnb has agreed to in Santa Monica, San Francisco and Seattle, as well as in smaller jurisdictions like Sacramento, Newport Beach, and El Segundo. We have found that this compliance framework is more transparent, addresses the City's desire to address bad-actor listings, and allows the City and hosting platforms to jointly implement an enforceable short-term regulatory framework. To make notice and takedown easy for the City to implement, Airbnb is willing to provide a field into which hosts can input their City-issued permit number with their listings. The City can then check the listings against their permit records and notify a hosting platform of any violations, which the hosting platform then removes within a few days. In addition to having a permit number listed on its short-term rental advertisements, hosting platforms can also provide the City a list of all short-term rental advertisements and their corresponding permit numbers. Hosting platforms would not be able to re-advertise a listing that was previously taken down for short-term rental use until notified by the City that the listing is compliant. 4.Work together to protect quality of life In neighborhoods We appreciate that the City wants to protect public safety and neighborhood integrity, and stand ready to support your efforts to enforce regulations toward this goal. We would like to highlight a few ways in which we can work together, In November 2019, Airbnb took a stand against "party houses" and formally panned them from our platform in accordance with our policies. We went on to expand on that ban with more transparency about the policy. including a ban on "open-invite" parties as well as large gatherings in apartment or condo buildings. Since then, we have ramped up enforcement on this policy, carrying out penalties for violators in markets like Los Angeles, Florida, Australia and more. Many of these suspensions and removals have stemmed from issues raised to us by neighbors through the Neighborhood Support Line. Launched in December 2019,this tool allows neighbors to reach Airbnb directly with their concerns and has proven important in Our efforts to combat unauthorized gatherings. TO build On these efforts, we announced a global ban on all parties and events at Airbnh Iistinns in August 2020, in accordance with our policies and in the interest of public health, until further notice. This was accompanied by a new occupancy cap of 16 people in a listing. This ban has been well received by our global host community, the majority of whom already prohibited parties in their listings' House Rules. We also took measures within our platform to promote responsible behavior such as removing the "event-friendly" search filter and removing any "parties and events allowed" in listing advertisements. In addition,we have a full-time team committed to engaging with local law enforcement partners to assist with investigations of criminal activity and ensure the safety of our community. Law enforcement officials can submit both standard and emergency requests via our Lame Enforcement Portal. Thank you for the opportunity to submit comments on the proposed short-term rental ordinance. We look forward to continuing to work with Huntington Beach to bring the benefits of healthy and sustainable tourism to the City and its residents. Sincerely. John Choi Policy Manager, Airbnb Moore, Tania From: mmanansala@yahoo.com Sent: Monday, December 21, 2020 9:22 AM To: supplementalcomm@surfcity-hb.org Subject: Proposed STIR Policies in Huntington Beach Honorable Mayor and Member of City Council My name is Michael Manansala and I am currently providing STIR in HB through a local property management company I appreciate that HB is finally addressing the STIR issues The proposed policy have potential negative impacts to all that may not get a permit and be grandfathered I am retired and depend on STIR to support my family and provide charitable donations to those that are in need Due to the economic uncertainties of today and such new policies I would have to make changes that may not be in my interest in the long run I believe that my STIR provides HB far greater benefits than problems that it create The benefits include more positive local economic vitality, diverse choices for visitors, and affordable lodging for families with children and additional revenues to the city I have a local management team that are in place to address quickly any negative issues such as trash noise parking, parties and others I have canvassed my neighbors if my STIR have resulted in such problems and no one has complained in my area I recommend the city provide all hosts obtain permits and grandfathered in provide diverse choices for visitors. reasonable transparent actions targeted to illegal rentals and non-compliance to issues of trash. parties. parking , noise and other nuisance Please consider other cities like Newport Beach that have successfully addressed such issues These approaches should provide the greatest benefits and sustain a healthier community Thank you for the opportunity to express my viewpoints and concerns SUPPLEMENTAL COMMUNICATION Vee&a DWa:_ a4 L29 A rids nMtt No.; �l Moore, Tania From: Kathryn Levassiur <levassiurk@gmail.com> Sent Monday, December 21, 2020 9:11 AM To: supplementalcomm@surfciry-hb.org Subject Public Comment for Agenda Item 21 Attachments: Short term rentals-Michael O.pdf Dear City Clerk Estanislau, The following is a public comment by Michael O. that was received through the alliance website. Attached is an original copy of the email: "9-5-17 RE: Short Term Rentals in HB My name is Michael O and I have lived in HB for 56 years. I have seen it grow from nothing to what it is today. I very much appreciated the City for opening up a dialogue to discuss how short term rental can affect our city. Short term rentals help the City of HB. Short term rentals mainly service the part of the public that is NOT going to stay at our very large resorts. This results in MORE visitors being able to come and stay in our city. This results in more revenue for local businesses and tax revenue for the city. Short term rentals do NOT pull potential business from the big resorts. People who use short term rentals will NEVER pay the big resort rates to stay in HB. I would hope that the City would assist and nourish short term rentals in the City in order to bring additional revenues in to the City that would normally not be realized. Short term rentals are definitely a positive influence on the bottom line of the City without adding any virtual cost to the City. Sincerely, (signature) Michael O. Born and raised in Huntington Beach" SUPPLEMENTAL COMMUNICATION Misillirq Dab: Apenda b m No.; Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.org l Website: https://www.hbstra.orR/ 2 9-5-17 , RE: Short Term Rentals in HB To Whom It May Concern, My name is Michael 0 and I have lived in HB for 56 years. I have seen it grow from nothing to what it is today. I very much appreciate the City for opening up a dialogue to discuss how short term rentals can affect our city. Short term rentals help the City of HB. Short term rentals mainly service the part of the public that is NOT going to stay at our very large resorts. This results in MORE visitors being able to come and stay in our city. This results in more revenue for local businesses and tax revenue for the city. Short term rentals do NOT pull potential business from the big resorts. People who use short term rentals will NEVER pay the big resort rates to stay in HB. I would hope that the City would assist and nourish short term rentals in the City in order to bring additional revenues in to the City that would normally not be realized. Short term rentals are definitely a positive influence on the bottom line of the City without adding any virtual cost to the City. Sincerely, Michael 0. Born and raised in Huntington Beach Moore, Tania From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, December 21, 2020 8:55 AM To: supplementalcomm@surfcity-hb.org Subject: Public Comment for Agenda Item 21 Dear City Clerk Estanislau, The following is a public comment submitted through the alliance website: "What group should we submit your comments under? Host- 1 share my home with guests visiting Huntington Beach Your Letter/Comment I am a single mom who recently moved to California from Canada,with my daughter. I wanted to have a second room in my home for friends and family to come and stay with me, so that my daughter and I could stay connected with the community she grew up in. At first glance,this was cost-prohibitive as a single parent, until I considered AirBnB. As a host(actually, a Superhost!) I can rent out our extra room when I don't have personal guests. As an added bonus, my daughter is exposed to guests from all over the country and all over the world. Our guests are amazing people of all ages and backgrounds, who share their stories and their adventures with us, and my daughter's world has opened up because of our AirBnB experience. She is earning money and learning responsibility, as she does the majority of the cleaning for our guests, and she is meeting cool people who are doing really cool things. Some of our earliest guests were a lovely couple from France,who were moving here to open a restaurant. My daughter loves to cook, and the three of them quickly became fast friends. They cooked me a wonderful meal together and taught my daughter how to do some French cooking. During their stay,the couple got engaged and a few weeks later,we received an invitation to their wedding in Paris! Because of my earnings from AirBnB, I was able to accept this invitation and offer my daughter the incredible experience of a trip to France for the wedding, where we stayed in two different wonderful AirBnB's. The couple has now moved to Orange County and opened their restaurant, and we've had the opportunity to be their cheerleaders and build a friendship that would not have been possible without AirBnB. Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.org I Website: https://www.hbstra.org/ SUPPLEMENTAL COMMUNICATION µm*V Date:_ja lkgo Agenda ram No.: xy J Moore, Tania From: Switzer, Donna Sent: Monday, December 21, 2020 11:29 AM To: Moore, Tania Subject: FW: Public Comment from Airbnb Attachments: image003.png, 201221 Airbnb Letter to Huntington Beach City Council-updated.pdf Not sure if Robin forwarded this to you as well? So, if not, here it is. Donna Switzer Deputy City Clerk City of Huntington Beach 714-374-1649 From: Estanislau, Robin <Robin.Estanislau @surfcity-hb.org> Sent: Monday, December 21, 2020 11:05 AM To: Switzer, Donna <Donna.Switzer@surfcity-hb.org> Subject: Fwd: Public Comment from Airbnb Sent from my iPad Begin forwarded message: From: Kathryn Levassiur<levassiurk@Rmail.com> Date: December 21, 2020 at 10:24:23 AM PST To: "Estanislau, Robin" <Robin.Estanislau@surfcity-hb.orA> Subject: Public Comment from Airbnb Dear City Clerk Estanislau, May I please ask you to confirm to me that you received the attached public comment that was sent directly from Airbnb, that it was distributed to all of the council members and relevant city staff ASAP and that it will be posted with the agenda item details today prior to the 4pm study session? Thank you for your time and consideration. SUPPLEMENTAL COMMUNICATION Sincerely, MOO" Date. ����l�aQ Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Apnds ram No.;,z, C) 0 Cell: 714.343.7931 Email: into@hbstra.org I Website: https://www,hbstra.org/ 2 airbnb December 21, 2020 Honorable Mayor and Members of the City Council Huntington Beach City Hall 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Carr and Honorable Members of the City Council, On behalf of Airbnb.thank you for the opportunity to provide input as the City of Huntington Beach considers rules to legalize short-term rentals. Since 2008, Airbnb has worked closely with hundreds of cities around the world to help communities realize the key benefits of STRs for residents, visitors, and local economies through fair, balanced regulations. Our mission is to create a world where people can belong through healthy travel that is local, authentic, diverse. inclusive and sustainable. Our accommodation marketplace provides access to about 5.6 million active listings in approximately 100.000 cities and more than 220 countries and regions. Hosts and guests directly contribute to local economies through transient occupancy tax, sales tax, and local business activity. We appreciate your willingness to consider rules that legalize short-term rentals, and look forward to working with the City of Huntington Beach toward shared goals: preventing illegal listings, ensuring that the City receives tax revenues from short-term rental activity, and minimizing nuisances. However,we are concerned that the current ordinance on the agenda would negatively impact existing hosts of unhosted rentals outside of Sunset Beach and limit potential revenues for the City. We ask the City Council to delay taking any action on the proposed short-term rental ordinance tonight, in order to allow time for continued discussion with hosts and hosting platforms on the following proposals. 1.Allow all existing hosts an opportunity to obtain a permit The COVID-19 pandemic has had a disproportionate impact on the travel industry, including short-term rental hosts and small businesses who rely on economic activity generated by tourism in their communities. According to a global survey from November 2019, about one in five Airbnb hosts are retirees. Hosts are teachers (10%) and healthcare workers (9%). They are in hospitality (7%), technology and retail (both 5%), and construction (5%). They are also artists (5%) and designers. Approximately half of our hosts reported that their short-term rental income helps them afford their housing and make ends meet. In the wake of a global pandemic and the record breaking number of layoffs, for many hosts, their short-term rental income will be even more important,for some, it may be their only source of income. The proposed ordinance—which would allow only hosts in Sunset Beach an opportunity to obtain a permit — would have detrimental impacts on hosts outside of Sunset Beach who have come to rely on short-term rentals to supplement their income. Allowing all existing hosts an opportunity to obtain a permit would protect an important safety net at a time of great economic uncertainty. Moreover, it would significantly expand the amount of TOT and TBID revenues for the City, based on Lisa Wise Consulting's Fiscal Impact Analysis. 2. Consider allowing more unhosted rentals We urge the City to consider allowing unhosted rentals with reasonable limits, following the model of several Coastal cities like Long Beach, Oxnard and Oceanside. Unhosted rentals have provided low-cost options for Californians wishing to visit the coast for decades, offering a much different experience than staying in a hotel or camping. Huntington Beach's location makes it an attractive destination for families and visitors, who may prefer the conveniences that short-term rentals offer —from greater privacy and access to a full kitchen, to gathering spaces and multiple bedrooms and bathrooms. Often, they are available at a more affordable price point for families traveling with children. Limiting the number of unhosted rentals to only the current number in Sunset Beach makes staying in Huntington Beach unaffordable and may drive tourism dollars to other beachside cities in the region. Moreover, the California Coastal Act was created to protect and preserve California's iconic coastline and beaches and to ensure that everyone has maximum access to this precious resource. This access is being threatened by the high cost of coastal real estate, which has pushed many Californians to move inland, farther away from the coast in search of affordable housing. Numerous studies have found that while visiting the coast is highly desired by most Californians, many feel that a visit is too costly. Economy class hotels along the coast have closed at a far greater rate than other more expensive types of accommodations. The lack of affordable accommodation along the coast creates a significant barrier to access and makes it harder for low and middle-income families to visit. In this setting, short term rentals in communities like Huntington Beach offer a solution, allowing for the use of property otherwise unoccupied and may offer much needed income to hosts. Finally,vacation rentals are an important option for travelers during the ongoing global pandemic. They enable guests to practice social distancing measures and minimize exposure to others while traveling. The Center for Disease Control (CDC) rPrPntly rPcopnirPd STRs offer a safer travel experience relative to hotels. without the risk of commons spaces like lobbies or dining halls. Over the last six months,Airbnb introduced the first-ever overarching cleaning and sanitization guidelines in the home sharing industry and evolved our health and safety practices to help ensure Airbnb hosts are providing the best and safest stays possible.Airbnb's Enhanced Cleaning Protocol was developed with guidance from leading experts in hospitality and medical hygiene. In an effort to reiterate our commitment to responsible travel and the well-being of or communities,we recently announced all hosts and guests must commit to Airbnb's COVID-19 Safety Practices,which Include wearing a mask, practicing social distancing,and,for hosts and their teams, abiding by our expert-backed fvP-ctPn Pnhanced cleaning process. This commitment will help safeguard the health and wellbeing of hosts, guests,their communities and governments. 3. Include language with which hosting platforms can reasonably comply We understand that the intent of Section 5.120.060 "Hosting Platform Responsibilities" is to prevent illegal short-term rental listings in Huntington Beach,and support this important goal.As written, however, hosting platforms will need to verify a registration number against a city registry before completing a booking. This would require the City to maintain a list of permitted units that is updated daily, but ideally in real time. In our experience, it has been difficult for cities—even large cities with a large tourism base—to update their registries consistently, creating uncertainty for everyone.This implementation scheme could be unduly burdensome for City staff and may result in some hosts being denied the opportunity to list their property for short-term rental on a hosting platform if the City is unable to maintain an up-to-date registry, raising the possibility of a due process legal challenge brought by hosts and hosting platforms. In lieu of this administratively burdensome compliance framework and potential City exposure to litigation,the intent of the ordinance—to prevent Illegal listings from operating in the city—can be better met by requiring hosting platforms to remove illegal listings upon notice from the City. This"notice and takedown"framework is what Airbnb has agreed to in Santa Monica, San Francisco and Seattle, as well as in smaller jurisdictions like Sacramento, Newport Beach, and El Segundo.We have found that this compliance framework is more transparent,addresses the City's desire to address bad-actor listings, and allows the City and hosting platforms to jointly implement an enforceable short-term regulatory framework. To make notice and takedown easy for the City to implement,Airbnb is willing to provide a field into which hosts can input their City-issued permit number with their listings.The City can then check the listings against their permit records and notify a hosting platform of any violations, which the hosting platform then removes within a few days. In addition to having a permit number listed on its short-term rental advertisements, hosting platforms can also provide the City a list of all short-term rental advertisements and their corresponding permit numbers. Hosting platforms would not be able to re-advertise a listing that was previously taken down for short-term rental use until notified by the City that the listing is compliant. 4.Work together to protect quality of life in neighborhoods We appreciate that the City wants to protect public safety and neighborhood integrity, and stand ready to support your efforts to enforce regulations toward this goal. We would like to highlight a few ways in which we can work together. In November 2019, Airbnb took a stand against "party houses" and formally harmed them from our platform in accordance with our policies. We went on to expand on that ban with more transparency about the policy, including a ban on "open-invite" parties as well as large gatherings in apartment or condo buildings. Since then,we have ramped up enforcement on this policy, carrying out penalties for violators in markets like Los Angeles, Florida. Australia and more. Many of these suspensions and removals have stemmed from issues raised to us by neighbors through the Neighborhood Support Line. Launched in December 2019, this tool allows neighbors to reach Airbnb directly with their concerns and has proven important in our efforts to combat unauthorized gatherings. To build on these efforts, we announced a plohal ban on all parties and events at Airhnh listinns in August 2020, in accordance with our policies and in the interest of public health, until further notice. This was accompanied by a new occupancy cap of 16 people in a listing. This ban has been well received by our global host community,the majority of whom already prohibited parties in their listings' House Rules. We also took measures within our platform to promote responsible behavior such as removing the "event-friendly" search filter and removing any "parties and events allowed" in listing advertisements. In addition, we have a full-time team committed to engaging with local law enforcement partners to assist with investigations of criminal activity and ensure the safety of our community. Law enforcement officials can submit both standard and emergency requests via our Liam( Fnforcement Portal, Thank you for the opportunity to submit comments on the proposed short-term rental ordinance. We look forward to continuing to work with Huntington Beach to bring the benefits of healthy and sustainable tourism to the City and its residents. Sincerely. John Choi Policy Manager. Airbnb Moore, Tania From: Bob Delmer <bobdelmer@hotmail.com> Sent: Monday, December 21, 2020 1:06 PM To: supplementalcomm@surfcity-hb.org Subject: Short term rentals We are very much in favor of short term rentals and how they have helped our family and the hundreds of families that were able to vacation in HB at a reasonable price. We feel the rules you are proposing are overly restrictive and we feel current unhosted rentals should be grandfathered in just like Sunset Beach. Thank you, Bob and Sue Delmer Get Outlook for Android SUPPLEMENTAL COMMUNICATION Meelkt9 gate: Moore, Tania From: mina deegan <mirtadt@yahoo.com> Sent: Monday, December 21, 2020 12:50 PM To: supplementalcomm@surfcity-hb.org Subject: STIR in Huntington Beach and Sunset Beach I am requesting a delay on the vote for a new ordinance that allows all existing short term rental operators in Huntington Beach and Sunset Beach the opportunity to apply for permits Short term rental hosts support small businesses and are good for the local economy Thanks Marta Seitz SUPPLEMENTAL COMMUNICATION Agends nMtt No. J Moore, Tania From: Jean Young <visitbeautifullongbeach@gmail.com> Sent: Monday, December 21, 2020 12:05 PM To: supplementalcomm@surfcity-hb.org Subject: Public Comment on Agenda Item #21 Ordinance No. 4224 HB Muni Code (Short-Term Rentals) December 21, 2020 Honorable Mayor and Huntington Beach City Council Members City Hall 2000 Main Street Huntington Beach, CA 92648 Dear Mayor Carr and Honorable Members of the City Council, As a leader with the Long Beach Hosting Club, I support Huntington Beach Short Term Rental Alliance's position that this ordinance bring both home sharing and vacation rentals into approved use at the same time. Please delay the vote until the ordinance can be drafted such that all STR operators in Sunset and Huntington Beach have the opportunity to apply for permits. Long Beach chose to economically empower all small neighborhood entrepreneurs by including both home sharers and vacation rentals in the city's final ordinance. Short term rentals fill an important need. They provide temporary housing to medical staff and essential workers during the pandemic. In better times, short term rentals offer tourists, many of whom could not afford other lodging options, the opportunity to experience the natural beauty of California's coastline. The Long Beach STIR program addresses both in-home hosts and vacation rentals with an on-line registration process that is seamless and easy to understand. Long Beach determined that including vacation rentals in their ordinance levels the playing field and ensures the same level of city governance and compliance as with hosted units, while adding much needed tax revenue. Please follow in City of Long Beach footsteps by legalizing both vacation rentals and home sharers alike through one comprehensive ordinance. With gratitude and thanks, SUPPLEMENTAL COMMUNICATION Jean Young Long Beach Hosting Club 562-857-2427 Dale: I O ao vi5rtbeautifullongbeachColgmail com � Q p�jy� Agenda No. a go -�-_'7 Moore, Tania From: Steve Nguyen <steve.surfcity@gmail.com> Sent: Monday, December 21, 2020 12:57 PM To: supplementalcomm@surfcity-hb.org Subject: Short Term Rental (STR) Regulations in Huntington Beach Dear City Council, I have been a resident of Huntington Beach for 42 years. I have 15+ years experience as a local landlord and some experience with short-term rentals. 1 believe the current policy on STR rentals are not effective in resolving real and perceived issues with STR,and I would like to see the policy updated for a few reasons: ' Encourage tourism ' Provide supplemental income to local residents * Collect millions in Transient Occupancy Tax ' Enhance the City's ability to effectively manage potential nuisance issues I would like to see the proposed regulation to: 1. Allow hosted STRs citywide 2. Allow unhosted STR citywide that are well managed(with some form of monitoring) SHORT-TERM RENTALS ARE ALREADY PART OF OUR COMMUNITY ' STR have existed in HB since the 1950s. The modem way people travel and the choices people make have outpaced the City's regulations on rentals. ' The current policy on STR do not work and do not address the concerns residences have. NUISANCE HOMES ARE A CONCERN • Nuisance homes are a problem, and no one wants to live near one. They exist in all types of homes -owner- occupied, long term rentals, and short term rentals. There is no data that shows this is a legitimate issue with short term rentals. I will hypothesize that they are more prevalent in long-term rentals than STR because STR are more actively managed. MAINTAINING THE LOOK AND FEEL OF NEIGHBORHOODS • Owners and hosts have the same incentives as other residents in maintaining a nice neighborhood and pleasant living environment. ENCOURAGE TOURISM: • Encourage tourism • Visitors contribute greatly to the local economy. Drives tourism dollars to the local community • Visitors will stay outside of H.B. if they don't have lower-cost option • STR hosts become ambassadors for HB • California Coastal Commission(CCC)went on record in support of sensible short-term vacation rental policies,convinced that home sharing provides a more a affordable way for mane tra%elers. including groups and families, to visit expensive beach communities. SUPPLEMENTAL COMMUNICATION Steve Mee*V Dare; I n'2 l a l �U2O r 0 Agenda Um No. l � - S Moore, Tania From: Mike Hermanns <mike.hermanns@gmail.com> Sent: Monday, December 21, 2020 1:52 PM To: supplementalcomm@surfcity-hb.org Subject: Testimony in favor of Short tern lodging permits opposing proposed ordinance Chapter s-120 Good evening members of the board and everybody listening. I own a licensed vacation rental in Newport Beach and a few furnished rentals in Huntington Beach for over 20 years now. We request that the city Council adopt regulations similar to Newport Beach for downtown Huntington Beach homes, rather than to restrict short term lodging permits to Sunset Beach and folks that live in there vacation rental or within 500 feet. I am opposed to the regulation Please remove the restriction that the owner must live in the property or be within 500 feet and remain at the property during the guest stay only leaving for work. During a pandemic, is this even a safe arrangement? What happens if you have guests asking to visit with little access to vaccination or high rates of infection, can you legally decline to share your home? I was born and raised in Huntington Beach. I went to Edison high school and my parents owned two shops in Old World Village. The reason I bring up Old World Village is because it is a mixed use property meaning that there is retail downstairs and a residences upstairs. In 1978 the code stated that only the owner of the property could live above the retail establishment. This was very restrictive, They could not move to a larger home and they could not rent out their property. This poorly written code was eventually changed after years of working with city council. My point being that some regulations just don't make sense, or are not fitting with the times. The regulation that is on the agenda today is one of them. 1 appreciate that you are considering changing the code but what you were proposing is not a step forward it is very limiting and restrictive and not fair. You are forcing us to only rent to families that want to come to town for 30 days or more or we have to live in the property with the people that we rent to, an exposing choice in the best of times, much less Covid, unless we live in Sunset Beach. The benefits of short term furnished housing in Huntington Beach far out way the negatives Bringing in extra income for local businesses and for the city in the form of short term lodging tax if you allow it and providing temporary housing for local families. For example we all know about the castle house burning down. Where is he going to live while his house is being rebuilt in a hotel, at a friend's house? A furnished home near his home would be a great solution. Currently I'm hosting a local family with 2 children that needed to relocate while the extensive water damage at their HB home is being repaired. Their primary residence is just a few blocks from my furnished rental. Initially, their insurance company would only approve them for a two week stay but has extend them at two week intervals and we are now up to three months, had 1 had a 30 day minimum my home would not shown up in the search results and they may have ended up in a hotel rather than in my home just the blocks away from there home. Their children are able to stay close to school and friends and everyone has the space that they need. They continue to shop and order in from the same businesses. This has been a win-win for both of us. 1 guarantee you that neither of us are interested in sharing the house which is what your new code is proposing, Especially during a pandemic. Naturally, responsible management is key to making short term single family rentals work well in a community. We would like your amendment to propose best practices and three-strikes system. We know our neighbors and they have our direct number, and know that they can reach out to us directly should a problem with our tenants arise. Our response time is under 10 minutes as I live downtown Huntington BeqA j'prErzhpt*Lein 500 feet. When I'm out of town, I have my manager in place who lives in Huntingtor �r�� y issues. bommmic 'Aaeting Date: 12,12 1�aoo?o t ,)�a ram No.; �Og1 Of course inconvenient noises or loud groups may get through. but how is that different front any other rental category'? I also on a Triplex in Huntington Beach in FIB with long-term tenants for 28 years now and I can tell you that the problems I've had with long-term tenants are worse than I've had with short term tenants, as I have a quicker course of action and wider range of action on short term problems: 1 can kick them out! With proper oversight, most of the inconvenience caused by visitors can be mitigated. Most of all. more members of the FIB community can benefit from visitor income, and more areas of the community can receive visitor traffic. Can you speak to why the council has taken the direction of limiting STRs to shared spaces? What were the results of the survey that we filled out and to see how many people oppose short term rentals and how many are in favor of them. I'm sure there were a lot of good ideas in that survey and I know I had a few but none of them seem to have been acknowledged. about 5 years ago I came to one of meetings when the topic of vacation rentals was discussed and the number of people supporting vacation rentals far outnumbered people opposing them. I remember only one person that opposed them and she was not a property owner and her concern was that rents are too high as the result of vacation rentals. an overstated cause at bests. Higher rent is the result of peoples mortgage payments and property value. The people that called in supporting vacation rentals were by far the majority in the call last month too, I think there was only one call opposing them. 1 don't understand why the council has decideded to take this avenue and lose all of his potential short term lodging tax money. Where are all of the people that are complaining about short term rentals? Why not write legislation to address their complaints rather than completely shut down an entire industry? You're taking away jobs from local property managers and cleaners. As a lifetime resident of Huntington Beach I can remember the arcade underneath the pier and all of the fields and open spaces that no longer exist. this town has changed dramatically and become a vacation destination and the rules should change with it. We are offering a service that benefits the community in many ways. .lust to be clear. I am opposed to regulation to only allow short-term lodging permits to people that live on site or within 500 feet of the vacation rental or that live in Sunset beach. it sounds like you just want a whole bunch of bed-and-breakfast establishments in Huntington Beach but the homes in HB are not configured in such a manner. Find it unfair that one portion of the city is allowed to proceed with short term lodging permits while the other is being denied. For me it is very convenient to be able to use my house when I want to use. Offer it up to family and friends. donate it to charity organizations for time periods. offer local family a home during construction, water damage or fire or when they sell their house and they need to buy a new home and there's a downtime in between. It is a lot of work to manage a vacation rental properly. we are creating jobs and I would be happy to pay short term lodging tax to the city of Huntington Beach as well. Bad managers The three major problems with vacation rentals in our neighborhood are trash. parking and noise all easily managed with proper regulations and good management. 2 I feel that regulation should be put in place so that the bad managers are removed. Airbnb and these other portals have made it too easy for anyone to become a host and some of them are bad managers: those are the ones that should be shut down not the ones that are well managed. The technology is here with Ring doorbell'Is, noise sensing devices that can report how many people are in the property. giving us the tools to regulate our rental. In Newport Beach the police have the ability to remove a tenant that has violated the terms. Please give us ability to do the same and you will see the city of HB's income go up and the problems go down. Screening I do not rent to party groups and I screen people who rent my home and I make it very clear in my description that 1 only accept families not party groups. We meet the people at the home and check them in, go over the rules and rarely have issues. Homes are a much better solution for a lot of families with small children than hotels. During a pandemic, who wants to stay in a hotel and leave grandma and your niece with asthma at home: the house is a great solution. The current regulation that you are proposing is going to eliminate most of the vacation rentals in Huntington Beach along with the extra tax revenue. I don't know how many people who are living in their home want to rent out rooms, that sounds like a potentialh desperate person to me. I have a family and don't want strangers in my home, especially in the middle of a pandemic. Furthermore, this code that you are proposing seems like it will allow somebody who is leasing a house Long terns to sublet rooms on Airbnb to strangers and profit money on my house, rather than the owner from the long term rent, this just doesn't seem fair to me as the property owner. Again 1 disagree with your decision to only allow short term lodging permits to people that either live or are within 500 feet ofthe rental. Please give us an opportunity to prove to you that with proper regulation and rules we can manage our properties without disrupting the community and if we fail then you can remove the permit. Follow the example of Newport Beach. They allow three strikes per year and then you're done with no more permit. Of course this allows whistleblowers to walk around and shut people down so it has to be within reason but please do something that is more reasonable than what you are proposing. Finally, consider this members of the board. Eventually, you're going to have a slab leak or a breach in your water line and your house will have water damage and will become unlivable for months. You're going to need temporary housing and you're going to want to be close to your home where you can manage the repairs, keep your children in school and be able to go to work. If you pass this law there will be fewer choices and you may end up in a hotel for months. Or driving for miles from your rental to school, to your sports games and friends. Thank you for your time and consideration. Mike Hermanns 808-652-7809 3 Moore, Tania From: C Christensen <cchristensenhb@gmail.com> Sent: Monday, December 21, 2020 1:39 PM To: supplementalcomm@surfcity-hb.org Subject: Short Term Rentals - Huntington Beach sub area 3' Attachments: Clark and Jennifer Christensen - STR.pdf Please see attached pdf Thanks. Clark and Jennifer Christensen 15 Glen Rock Dr. The Hills. TX 78738 mobile (949)433-0867 SUPPLEMENTAL COMMUNICATION k%@*p DeM: 1� �-I I;)D 9.0 AWde bm No.: 2 MEMO To: City of Huntington Beach From: Jennifer Christensen, MD& Clark Christensen, MBA Date: December 21, 2020 Subject: Short-Term Rental Homes— Huntington Beach sub area 3 As current homeowners of a townhouse near Beach Blvd. &Atlanta Ave., we would like to add our thoughts and opinions to be considered for the proposed ordinance regulating short-term rental homes. As residents of Huntington Beach from 1998—2013, we are thankful for all that Huntington Beach offered to us and our two children. The environment and primary education provided us with much more than we expected with our children thriving at Heritage Montessori,The Pegasus School, and Seacliff Elementary. However; in 2013 we relocated to Austin.Texas for career opportunities not available in Southern California at the time. Since then we have been renting our townhouse to one family for the entire time and haven't been able to return to Huntington Beach and stay in contact with friends and neighbors as much as we would have liked. For our family, we would love to have the opportunity to use our townhouse as our vacation home to re-engage with the community and occasionally rent out the property as a short-term rental to make it financially possible. We yearn for Sunday morning family breakfasts at the Sugar Shack and for Edison High Football games. We believe that with strong local property management in Huntington Beach it will be possible to provide our townhouse as a short term rental to the right people by using appropriate requirements,despite currently living in Austin.Texas. Modem technology linked to our mobile phones, such as Ring doorbells providing high definition video& audio with motion detection, will allow us to prevent noise complaints and other problems by having our local property managers respond to issues at the property before they become a noticable nuisance to neighbors. Jennifer graduated from UC Irvine College of Medicine in 2004 as a Medical Doctor& finished her residency in Pediatrics in 2007. From 2007-2013. she worked at Pediatric Care Medical Group in Huntington Beach with Dr. Qaqundah& Dr. Comelsen and treated newborns through teens for thousands of Huntington Beach families. Clark graduated from the Paul Merage School of Business at UC Irvine in 1992 with an MBA and worked at several Orange County companies, including Allergan in Irvine. Clark had been a life Tong resident of Orange County until our move seven years ago. Our entire family longs to return to Huntington Beach often by using our property as both a vacation home and short term rental, with Clark and Jennifer hoping to return home to HB for their retirement in the future. Please take into consideration the impact of technology and effective local property management in making your decision regarding short-term rentals. Thank you for your time. Moore, Tania From: Schantie <schantie@yahoo.com> Sent: Monday, December 21, 2020 2:00 PM To: supplementalcomm@surfcity-hb.org Subject: opposition to chapter 5.120 as it is currently written Dear Council members. I am opposed to chapter 5 120 010 Despite a lot of community comment in support of STR's in the downtown and city-wide areas. the council seems to be proceeding with limiting STRs to the Sunset Beach area leaving $700K+ TOT revenue on the table and leaving many residents and areas of the community out of the chance to benefit from visitor spending Why can't the council come up with an ordinance similar to Newport Beach? My husband and I own a rental management company based in Huntington Beach, and this ordinance will effectively shut our business down Best, Chanti Mahalaha 808-652-1532 SUPPLEMENTAL COMMUNICATION 46ebng Date: 1 a l al /3oao Agenda t No. _ap Switzer, Donna From: Ian Fletcher <ianfletch96@hotmail.co.uk> Sent: Tuesday, December 22, 2020 10:08 PM To: supplementalcomm@surfcity-hb.org Subject: Supplemental comment - Agenda item 21 Dear Madam lvlavor and Citv Council members. My name is Ian Fletcher and I would like to provide public comment in support of agenda item number 21 with regards to short-term rentals. Three years ago, my partner and 1 came to the United States on a vacation. We visited a number of cities in California and among those. Huntington Beach. During that trip, we stayed in a short-term rental in Huntington Beach with a local host. As a tourist, we cannot speak highly enough ofthe experience we had. We got the chance to immerse ourselves in Southem California life, we were shown all the go to spots by our host and above all, made friends for life. We loved the experience so much; we decided to come back to Huntington Beach to work on a short term. I year visa. We now rent an apartment, work, pay taxes, shop and dine in Huntington Beach. None of this would have happened to us without the short-term rental facility. For an area that prides itself on tourism we feel that S'IRs are critical to Huntington Beach and should be supported. Many thanks for taking the time to read my comment. Ian Fletcher t Switzer, Donna From: Lauren Martinez <californiamartinez@gmail.com> Sent: Monday, December 21, 2020 4:45 PM To: supplementalcomm@surfcity-hb.org Subject: Rentals To Huntington Beach City Council: Please consider a change to your policy regarding short term rentals in Huntington Beach. You may not be aware of the fact that it is negatively impacting local residents as well as landlords and vacationers. I can cite our family's personal circumstances as an example. We recently had a slab leak in our Huntington Beach home that caused considerable damage. The insurance company would only pay for two weeks lodging when we were initially forced to vacate the house. Because of the short term rental regulations, our only option was a hotel. This placed a considerable strain on our family that includes two small children, and it also caused increased covid risk during a pandemic. Later, when we were approved for a two month rental, we had to move again because we finally qualified for a long-term rental. Thank you for considering our request to alter the policy regarding short-term rentals. Respectfully, Lauren and Matthew Martinez californiamartinez u;Rmail.com r TF.ss N.&,yt-,J 0DAmMuo-) 7D DEC E-180P,ai,,2OW City of Huntington Beach File #: 20-1978 MEETING DATE: 11/16/2020 REQUEST FOR CITY COUNCIL ACTION SUBMITTED TO: Honorable Mayor and City Council Members SUBMITTED BY: Oliver Chi, City Manager PREPARED BY: Ursula Luna-Reynosa, Director of Community Development Subject: Approve for Introduction Ordinance No. 4224 amending the Huntington Beach Municipal Code by adding Chapter 5.120 (Short-Term Rentals) Statement of Issue: The proposed new chapter of the Huntington Beach Municipal Code (HBMC) would establish a set of regulations, standards, and a permitting process for Short-Term Rentals affecting residential districts citywide. The purpose of Chapter 5.120 (Short-Term Rentals) is to protect the character of residential neighborhoods, maintain the long-term rental housing stock, and ensure the collection and payment of Transient Occupancy Taxes (TOT). Financial Impact: Should the City Council vote to amend the Huntington Beach Municipal Code by adding Chapter 5.120 (Short-Term Rentals), the proposed regulations will require the development of application forms and review and approval processes to accommodate the issuance of Short-Term Rental Permits by the Community Development Department, as well as Business Licenses and Transient Occupancy Tax Certificates by the Finance Department. In addition, Code Enforcement and the Police Department staff will respond to complaints relating to short-term rental activities. The proposed amendments to the Municipal Code is estimated to realize $233,095 annually in TOT and Tourism Business Improvement District (TBID) administrative cost revenues. Additional costs associated with the implementation and regulation of the Short-Term Rental program will be offset by revenues generated from this program. Recommended Action: Approve for introduction Ordinance No. 4224, "An Ordinance of the City Council of the City of Huntington Beach Amending the Huntington Beach Municipal Code by Adding Chapter 5.120, Regulating Short-Term Rentals" (Attachment 1). Alternative Action(s): Do not approve the recommended action and direct staff accordingly. City of Huntington Beach Pagel of 4 Printed on 11/122020 DO"10W Lep,stac- File #: 20-1978 MEETING DATE: 11/16/2020 Analysis: At the Strategic Planning Retreat in February 2019, the City Council directed staff to conduct a study session on the opportunities and challenges associated with short-term rentals. At the September 3, 2019 City Council Study Session, staff presented an overview of short-term rentals in Huntington Beach, and provided case studies of four coastal cities (Carlsbad, Carpinteria, Newport Beach, Pismo Beach) and the range of approaches in regulating short-term rentals in the coastal zone. At the September 21 , 2020. City Council meeting, staff presented additional information regarding short-term rentals, including three regulatory framework alternatives (low threshold, medium threshold, high threshold) and a fiscal impact analysis. By a vote of 6-0-1 (Brenden), the City Council directed staff to prepare an Ordinance regulating Short-Term Rentals with the High Threshold Regulations. Regulatory Framework The draft Short-Term Rentals (STR) Ordinance includes the following high threshold regulations: - Hosted (owner-occupied) STRs citywide, including Sunset Beach - Un-hosted STRs in Sunset Beach within 6 months of the effective date of the resolution establishing the permit fees - STR as a legally permitted dwelling unit; ADUs or junior ADUs may be permitted as a STR if legally established prior to the effective date of this Ordinance - STR permit required - STR permit annual renewal - One STR per property (single-family, duplex and triplex properties and rental properties of any size) - Up to three STRs per property (on ownership properties with 4 or more units, i.e., condominiums, townhomes) - TOT (Tourism BID payment should the Huntington Beach Tourism Business Improvement District take appropriate action to include STR's in TBID) - Maximum number of occupants per STR (two persons per bedroom, plus two additional guests, including children; maximum 10 persons in any STR at one time including the operator) - Minimum age of 25 years old for STR tenants - Local contact person that is available 24 hours per day, 7 days a week to respond within one hour to complaints and take any remedial action necessary to resolve such complaints - Posted notice within the unit with the information relating to the maximum number of occupants, parking location, trash pick-up schedule, emergency contact information, and evacuation plan - Posted notice in a conspicuous place with the information relating to the STR permit and conditions, name and phone number of the local contact person - Events prohibited - Compliance with Noise Ordinance - Conformance with Covenants, Conditions, and Restrictions (CC&Rs) - City-issued STR registration number included in any STR advertisement - Maintain liability insurance appropriate to cover the STR City of Huntington Beach Page 2 of 4 Printed on 1 111 2/2 0 2 0 oowerc464 Le0istar"' File #: 20-1978 MEETING DATE: 11/16/2020 The proposed regulations for short-term rentals provide appropriate regulations and permit processes to reduce operational impacts of short-term rentals properties and preserve residential neighborhood character. Other requirements, such as Code Enforcement, Building, and Fire inspections prior to permit issuance, 500-foot radius notification to adjacent properties, and liability insurance amount will be reflected in the STR Permit application and required at the time of submittal. Fiscal Impact Analysis The City obtained an updated fiscal analysis showing potential revenue projections, which is provided as Attachment 2. The data collected for the fiscal impact analysis were from STR listing sites to represent a snapshot of the STR market in Huntington Beach from May 2019 through April 2020. The revenues are divided into three subareas (Sunset Beach, Downtown, the rest of Huntington Beach) and by rental type (entire unit, private room, shared room). STRs in Huntington Beach are estimated to generate a total of $8,738,294 in expenditures (i.e., revenue for STR operators). Applying the Transient Occupancy Tax (TOT) rate of 10% and the City's 1% share of the Tourism Business Improvement District (TBID) assessment, the City would receive $873,829 in TOT revenue and $3,495 in TBID revenue annually. The tables below provide more detailed revenue information: Table 1: City STR Revenue by Subarea Total TOT TBID Expenditures (City Share) 10% 1% of TBID Sunset Beach $1 ,484,977 $148,498 $594 Downtown $3,615,687 $361,569 $1 ,446 Rest of City $3,637,630 $363,630 $1 ,455 Total $8,738,294 $873,829 $3,495 Table 2_ City STR Revenue by Rental Type Total TOT TBID Expenditures (City Share) 10% 1% of TBID Entire Unit $7,846,779 $784,678 $3,139 Private Room $891 ,345 $897 135 $357 Shared Room $170 $17 $0 Total $8,738,294 $873,829 $3,495 Table 3 below summarizes the City revenues for allowing all types of STRs (i.e., entire unit, private room, and shared room) in Sunset Beach, and hosted rentals (i.e., private rooms and shared rooms) in the rest of the City. City of Huntington Beach Page 3 of 4 Printed on 11/12/2020 ooweA65 Legisia,7- File #: 20-1978 MEETING DATE: 11/16/2020 Table 3: STIR Revenue from Council-Recommended Program Total TOT TBID Expenditures (City Share) 10% 1% of T81D City-wide: Private Rooms $836,510 $83,651 $335 City-wide: Shared Rooms $170 $17 $0 Sunset Beach: All Rental Types $1 ,484,977 $148,498 $594 Total $2,321,657 $232,166 $929 Environmental Status: The amendment to the Huntington Beach Municipal Code is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15061 (b)(3) (General Rule) of the CEQA Guidelines, because there is no potential for the amendment to have a significant effect on the environment. Strategic Plan Goal: Strengthen long-term financial and economic sustainability Attachment(s): 1 . Ordinance No. 4224 2. Updated Fiscal Analysis City of Huntington Beach Page 4 of 4 Printed on 11/12/2020 po erE46� Legis[arl- ORDINANCE NO. 4224 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF HUNTINGTON BEACH AMENDING THE HUNTINGTON BEACH MUNICIPAL CODE BY ADDING CHAPTER 5.120, REGULA-IING SHORT-TERM RENTALS The City Council of the City of Huntington Beach ordains as follows: Section 1. The Huntington Beach Municipal Code is amended by adding Chapter 5.120 to read as follows: CHAPTER 5.120 SHORT-TERM RENTALS i 5,120.010 Purpose. The purpose of this Chapter is to establish regulations, standards; and a permitting process governing the renting or leasing of privately owned visitoe serving residential dwelling units on a short-term basis in order to maintain the lone-term rental housing stock in the City: ensure the collection and payment of Transient Occupancy Taxes ("TOT"); safeguard the residents of the City of Huntington Beach by ensuring that Short-Term Rental activities do not threaten the character of residential neighborhoods; and ensuring that such Short-Term Rental activities do not become a nuisance, or threaten the public health, safety, or welfare of neighboring properties. This Chapter will establish two Zones in the City where Short-Term Rentals are permitted. Zone 1 will consist of all areas of the City excluding Sunset Beach. Zone 2 mvill consist of Sunset Beach. In Zone 1 and Zone 2,,Short-Term Rentals are permitted in owner occupied residential dwelling units as set fort} therein. In Zone 2 Short-Term Rentals are permitted for existing owner"un occupied" residential dwelling units who obtain a permit within six (6) months of the effective date of the resolution establishing the permit fee(s). After six (6) months, no new permits for owner un occupied residential dwelling units will be issued. , i 5.120.020 Definitions. i A. "Booking Transaction" means any reservation and/or payment service provided by a person or entity who facilitates a Short-Term Rental transaction between a prospective guest and a Short-Term Rental Host or Operator. i B. "City" means City of Huntington Beach. C. "Director' means the Director of Community Development or a designee. D "Guest" means any person or persons renting a Short-Term Rental as a transient occupant. E. "Host" means a property owner who is an occupier of the property at the time of, and for the duration of, the Short-Term Rental. F. "Hosted Stay' means a Short-Term Rental at a Primary Residence whereby the Host occupies the Short-Term Rental property and remains on-site and resides in a habitable 20-9013239671 1 dwelling unit or portion thereof throughout the Guest's stay (except during daytime and/or work hours). G. "Hosting Platform" means a person or entity that participates in the Short-Term Rental business by collecting or receiving a fee, directly or indirectly through an agent or intermediary, for conducting a Booking Transaction for a Hosted or Un Hosted Short-Teri Rental using any medium of facilitation. 11. "Local Contact Person" means the Operator or Host or person designated thereof to respond to and take remedial action regarding Short-Terri Rental.issues or complaints. 1. "Platform Agreement' means a signed agreement between a Hosting Platform and the City, which, among other things, provides that the Hosting Platform will collect and submit Transient Occupancy Tax and any Improvement District .Assessment established pursuant to California Streets and Highways Code sections 36500 and 36600 to the City on behalf of Short- Teri Rental Hosts or Operators. J. "Primary Residence" means a person's permanent residence or usual place of return for housing as documented by at least two (2) of the following: driver's license; voter registration; tax documents showing the residential unit'as the person's residence; or a utility bill. K. "Prohibited Buildings List" means a list identifying the address(es) of all buildings whose owner(s), including any applicable,homeowners' association or board of directors, have notified the City, pursuant to City procedures, that Short-Term Rentals are not permitted to operate anywhere in such building, including deed restricted affordable housing units. i L. "Short-Term Rental ("S1R")" means a residential dwelling unit, or portion thereof, that is offered or provided to a paying Guest(s) by a Short-Term Rental I-lost or Operator for thirty (30) or fewer consecutive nights./o,1-he term "Short-Teri Rental" shall not include hotels, motels, inns, or bed and breakfast inns. M. "Short-Tenn Rental .Advertisement" means any method of soliciting use of a dwelling unit for Short-Tenn Rental purposes. N. "Short-Term Rental Operator' or "Operator' means property owner of a dwelling unit in Sunset Beach, or portion thereof, who offers or provides that dwelling unit, or portion thereof, for an Un Hosted Short-Term Rental. 0. "Short-Tenn Rental Permit" or "Permit" means a Permit, with a Permit number. issued by the City to allow Hosted or Un Hosted Short-Teri Rentals. - - r P. "Short-Term Rental Tenant" means a person who has entered into a Short-Term rental agreement for a dwelling unit in exchange for Short-Term occupancy of the dwelling unit. Q. "Transient Occupancy Tax" ("TOT") means local Transient Occupancy Tax as set forth in Chapter 3.23 of the Huntington Beach Municipal Code. R. "Un Hosted Short-Term Rental' means a Short-Term Rental in Sunset Beach, where there is no I-lost and'the Operator resides off-site during the Guest's stay. S. "Zone 1" means the City of Huntington Beach excluding the property located within the Sunset Beach Specific Plan. f 20-9013239671 2 T. "Zone 2" means property located within the Sunset Beach Specific Plan. 5.120-030 Permit Required. A. No person or entity shall advertise, rent, or operate a Short-Term Rental (STR) in the City unless a Permit has been issued by the City pursuant to this Chaptef. An Operator or I-lost of the STR shall apply with the City to obtain a Permit and shall be responsible for complying with all requirements of this Chapter. Application for a STR Permit shall be in a form prescribed by the Director and include all information determined by the Director to be necessary to evaluate the eligibility of the Host or Operator, consistent with this Chapter. B. An application for a STR Permit shall be accompanied by a fee established by resolution of the City Council, provided, however, the fee shall be no greater than necessary to defer the cost incurred by the City in administering the provisions of this Chapter. C. STR Hosts or Operators shall apply for STR Permit pursuant to this Chapter. Existing unpermitted STR Frosts or Operators shall apply for a STR Permit within six months after the effective date of resolution adopting the STR Permit fee. The Flost or Operator shall provide proof of property ownership and shall be the person that signs the application. D. A STR Permit is valid for one (1) year from the date of issuance. The STR Permit is personal and may not be transferred or assigned and does not run with the land. A STR Permit may be renewed annually if STR Operator or Host: (1) pays the renewal fee; (2) provides information concerning any changes to the previous application for, or renewal of, the STR Permit; (3) submits records to demonstrate compliance with this Chapter as required by the Director. Failure to submit a renewal application to the City at least thirty (30) days prior to the expiration of the STR Permit shall render the STR Permit and permission to operate an STR null and void. i E. STR Permits issued pursuantto this Chapter are subject to the following standard STR permit conditions: I. The I-lost or Operator shall, by written agreement with the Tenant, limit overnight occupancy of the STR to a specific number of occupants, with the number of occupants not to exceed that permitted by the provisions of this Section. 2. The Host or Operator shall insure that the occupants and/or guests of the STR do not create unreasonable noise or disturbances, engage in disorderly conduct, or violate provisions any Federal, State, or Local (including the Huntington Beach Municipal Code) law pertaining to noise, disorderly conduct, the consumption of alcohol, or the use of illegal drugs. 3. The Host'or Operator shall, upon notification that occupants and/or guests of his or her STR have created unreasonable noise or disturbances, engaged in disorderly conduct or committed violations of any Law, including those pertaining to noise, disorderly conduct, the consumption of alcohol or the use of illegal drugs, promptly prevent a recurrence of such conduct by those occupants or guests. 4. The Host or Operator of the STR unit shall post a copy of the STR Permmit and the STR Permit`conditions in a conspicuous place within the STR. i i 20-9013239671 3 5. The Host or Operator shall provide a Guest parking plan to the City for approval prior to issuance of a STR Permit. i 6. The maximum number of persons, including the Host(s).Avho may occupy the STR at one time is two persons per bedroom, plus two additional guests (including children). Lofts that meet California Building Code egress requirements are considered a bedroom for the purposes of the occupancy calculation. In no event may the maximum occupancy exceed ten (10) persons in any STR. Large-scale,events (i.e., exceeding maximum allowed occupancy) such as commercial parties, weddings, fundraisers, and conferences, are prohibited. 17. Eligibility requirements. In addition to any specific STR Permit requirements set forth the by the Director, the following requirements must be met at the time of submitting a STR Permit application: 1. The dwelling unit shall not be a deed restricted affordable housing unit, in a special group residence, a Single Room Occupancy (as defined by the City Zoning Code), or included on the Prohibited Buildings List. 2. The Operator or Host shall not be granted a permit for more than one STR within the City of Huntington Beach (including Sunset Beach). 3. There will only be one STR permit issued per property except in multi- family single lot subdivisions (i.e. condominiums or townhomes) the number of STR Permits allowed shall be as follows: Number of units per property Number of STR Permits Up to 3 I I 4 or more 3 4. The STR Operator shall identify, to the satisfaction of the City, a Local Contact Person, who shall be available twenty-four (24) hours per day, seven (7) days a week for: (1) responding within/one (1) hour to complaints regarding the condition, operation, or conduct of the STR or its occupants; and (2) taking any remedial action necessary to resolve such complaints. In the event the STR is "hosted". the Host shall be the Local Contact Person. 5. The dwelling unit or property used as a STR shall not be the subject of any active or pending code enforcement actions or violations pursuant to the City's Municipal Code. r 6. If the dwelling unit or property used as a STR is subject to the rules of a homeowners' or condominium association, Short-Teri Rental activity must comply with those rules and this Chapter shall not be inferred to grant any periission that invalidates or supersedes any provisions of those homeowners' or condominium associations. 7. The Host or Operator shall sign an indemnification and hold harmless agreement in a form approved by the City Attorney, agreeing to indemnify, save, protect, i i 20-9013R39671 4 hold harmless, and defend the City of Huntington Beach, the City Council of the City of Huntington Beach, individually and collectively, and the City of Huntington Beach representatives, officers, officials, employees, agents, and volunteersTrom any and all claims, demands, damages, fines; obligations, suits,judgments, penalties, causes of action, losses, liabilities, or costs at any time received, incurred, or accrued as a result of or arising out of the STR Host or Operator's actions or inaction in the operation, occupancy, use, and/or maintenance of the Short-Term Rental.` S. The STR shall be a legally permitted dwelling unit. Accessory Dwelling Units or Junior Accessory Dwelling Units may be permitted as a STR only if the unit was legally established prior to the effective date of this Ordinance and otherwise meets the requirements of this Chapter. G. The I-lost/Operator shall provide proof that the STR is not prohibited by the Homeowners' Association Conditions Covenants and Restrictions or any other community standards/guidelines, applicable to the proposed STR. 5.120.040 STR Regulations. A. All marketing and advertising of a STR, including any listing on a Hosting Platform, shall clearly list the City-issued STR Permit number. B. STR is prohibited in any part of the property not approved and permitted for residential use including, but not limited to, vehicle(s) parked on the property, storage sheds, trailer(s), garage(s), boat(s) or similar watercraft, tree house(s), or any, temporary structure(s), including, but not limited to, tent(s). C. Un Hosted STRs are prohibited in the City of Huntington Beach except in Zone 2. Existing Un Hosted STRs in Sunset Beach have 6 months from effective date of the adoption of a resolution establishing a STR Permit Pee to obtain a STR Permit. D. Each STR shall have a notice posted within the unit in a location clearly marked and accessible to the Guest (e.g., posted on the refrigerator, included within a binder with additional information on the unit, etc.), containing the following information: I. The nmaxinnun number of occupants permitted in the unit; 2. Location of parking spaces; 3. Trash and recycling pickup information; 4. Emergency contact information for police, fire, or emergency medical services; and 5. Evacuation plan for the unit showing emergency exit routes, exits, and fire extinguisher locations. E. The name 6f the local contact and a telephone number at which that person may be reached on a twenty-four (24) hour basis posted in a place that can be read by a member of the public without entering the STR. F. No sign shall be posted on the exterior of the STR to advertise the availability of the unit. 20-9013R39671 5 G. It is unlawful for any STR Operator.. Host, occupant, renter, lessee, person present upon; or person having charge or possession of the STR premises, to make or continue to cause to be made or continued any loud, unnecessary or unusual noise which disturbs the peace and quiet of any neighborhood, or which causes discomfort or annoyance to any reasonable person of normal sensitivities residing in the area, or which violates any provision of Chapter 3.40 ("Noise Control") of the Huntington Beach Municipal Code. 1-1. The minimum age of STR Tenants shall be 25 years old. 1. Following compliance with California Streets and Highways Code 36600 et al., STRs will become part of the Huntington Beach Tourism Business Improvement District (BID) and comply with all requirements including payment of legally established BID Assessments. J. The City will post STR contact information on the City website for the public to access. K. An STR may not be operated as any other commercial home-based business. 5.120.050 STR I-lost or Operator Requirements. A. The 1-lost or Operator shall provide information on the maximum allowed number Of occupants, parking capacity and location of parking spaces, noise regulations and quiet hours, and trash and recycling disposal requirements to prospective guests, prior to their occupancy. B. The I-lost or Operator shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with life, fire, and safety codes; and information related to emergency exit routes on the property, local contact, and emergency contact information. C. The Host or Operator shall maintain and provide proof of liability insurance appropriate to cover the SIR as required by the City. D. Transient Occupancy Taxes shall be collected on all STRs pursuant to Huntington Beach Municipal Code Chapter 3.25. If a Hosting Platform does not collect payment for the rental. Hosts or Operators are solely responsible for the collection of all applicable TOT and remittance of the collected tax to the City in accordance with Chapter 3.23 (Uniform Transient Occupancy Tax). Upon compliance with California Streets and Highways Code 36600 et (rl., the Host or Operator shall also be responsible for collection and remittance of all BID Assessments. If a Hosting Platform does collect payment for the STRs, then the Hosting Platform and the Operator and Host shall both have legal responsibility for the collection and remittance of the TOT and BID Assessment. E. The Operator; Host and/or property owner shall be jointly responsible and liable for any licit or illicit activity which may create a nuisance or other tortious violations arising at a STR. F. The Host or Operator shall authorize any Hosting Platform on which his or her STR(s) is listed to provide to the City the operator listing and other information to demonstrate compliance with all provisions of this Chapter. 20-9013r)39671 6 5.120.060 Hosting Platform Responsibilities. A. Hosting platforms shall not process or complete any Booking Transaction for any STR, unless the STR has a valid current STR Permit issued by the City. Hosting platforms are required to list the STR Permit number and expiration date. B. Within forty-five (45) days of the effective date of this Ordinance, Hosting Platforms with listings located in the City shall provide to the City contact information of the Hosting Platform. C. A Hosting Platform with listings located in the City shall provide to the City on a monthly basis, in a format specified by the City, the STR Permit number of each listing, the name of the person responsible for each listing, the address of each such listing, and, for each Booking Transaction that occurs within the reporting period, the number of days booked, and the total price paid for each rental. D. Hosting Platforms shall remove airy listings for STRs, including those on the City's Prohibited Buildings List, from the platform upon notification by the City. E. Hosting Platforms shall inform all Hosts or Operators who use the platform of the Hosts or Operator's responsibility to collect and remit all applicable local, state, and federal taxes, unless the platform has a Platform Agreement. F. All Hosting Platforms operating in the City must comply with all Federal, State, or Local (including the Huntington Beach Municipal Code) laws. 5.120.070 Enforcement. A. Violations of this chapter include, but are not limited to: 1. Failure of the Local Contact Person to take action to respond to a complaint within one (I) hour after the complaint is received or a contact is attempted, and the Local Contact Person cannot be reached; 2. Failure to notify the City when the Local Contact Person's information changes; 3. Violation of the STR maximum occupancy, noise, or other requirements as set forth in this Chapter; 4. Providing false or misleading information on a STR Permit application, or other documentation required by this Chapter; 5. Any attempt to rent an unregistered STR by advertising the property for Short-Term Rental purposes; 6. Completing a Booking Transaction in the City without a valid City-issued STR Permit number: 7. Completing a Booking Transaction where the STR Permit has been revoked or suspended by the City; 8. Violations of State, County, or City health, building, or fire regulations; 9. Conduct or activities at the STR that constitute a public nuisance or which otherwise constitute a hazard to public peace, health, or safety; 20-90131239671 7 10. Authorizing, permitting, facilitating or otherwise allowing any Un Hosted STR occupancy or activity in any dwelling unit in the City, except as legally permitted in Sunset Beach. B. The Fine for violations of any provision of this Chapter shall be one thousand dollars ($1.000) for each violation. Each separate day in which a violation exists may be considered a separate violation. However, a thin (30) day warning period shall be provided prior to issuing fines for advertising a STR without a valid STR Permit number. C. If three (3) fines have been issued against a STR [-lost or Operator within a twelve (I2) month period, the STR Permit may be revoked, or suspended, or additional conditions may be imposed by the Director by providing written notice to the STR Host or Operator setting forth the basis of the intended action and giving the SIR Host or Operator an opportunity, within fourteen (14) calendar days, to present responding information to the Director. After the fourteen (14) day period, the Director shall determine whether to revoke the STR Permit, suspend the STR Permit. or impose additional conditions upon the STR Permit and thereafter give written notice of the decision to the STR Host or Operator. If a STR Permit is revoked, the STR may not be re-registered with the City for a period of twelve (12) months from the date of revocation. D. The City hereby finds and declares that'repeated violations of this Chapter constitute a public nuisance which may be enjoined,under all applicable laws including Code of Civil Procedure Section 731. E. Any person, Hosting Platform, or:STR I-lost or Operator convicted of violating any provision of this Chapter in a criminal case or found to be in violation of this Chapter in a civil or administrative action brought by the City shall be ordered to reimburse the City its full investigative and enforcement costs, pay back all unpaid TOT if applicable, and remit all illegally obtained rental related revenue to.the City. F. Pursuant to the Huntington Beach Charter, the City may issue and serve administrative subpoenas as necessary to obtain specific information regarding STR listings located in the City, including, but not limited to, the names of the persons responsible for each such listing, the address of each such listing, the length of stay for each such listing, and the price paid for each stay, to determine whether the STR listings comply with this Chapter. Any subpoena issued pursuant to this Section shall not require the production of information sooner than thirty (30) days from the date of service. A person, Hosting Platform, or STR operator that has been served with an administrative subpoena may seek judicial review during that thirty (30) day period. G. The remedies provided in this Section are cumulative and not exclusive, and nothing in this Section shall preclude the use or application of any other remedies, penalties, or procedures established bylaw. I-1. The City il9anager, or designee, shall have the authority to establish administrative rules and regulations consistent with the provisions of this Chapter for interpreting, clarifying;'earrying out, furthering, and enforcing the requirements and the provisions of this Chapter. I. If any provision of this Chapter conflicts with any provision of Title 20-25 (Zoning), the terms of this Chapter shall control. 20-9013239671 8 5.120.080 Severability Clause. If any provision or clause of this Chapter or the application thereof to any person or circumstances is held to be unconstitutional or to be otherwise invalid by any court of competent jurisdiction, such invalidity shall not affect other section provisions, or clauses, or applications, and to this end the provisions, sections, and clauses of this ordinance are declared to be severable. SECTION 2. This ordinance shall become effective 30 days after its adoption. PASSED AND ADOPTED by the City Council of the City of Huntington Beach at a regular meeting thereof held on the day of 20_ i\4ayor ATTEST: APPROVED AS TO FORIM: Cite Clerk City Attorney REVIEWED AND APPROVED: INITIATED AND APPROVED: U City Manager mm nity Development Director 20-9013n39671 9 MEMO To: City of Huntington Beach From: Lisa Wise Consulting, Inc. (LWC) Date: October 12, 2020 Subject: Short-Term Rental Fiscal Impact Analysis On September 21, 2020 LWC presented research and outreach findings, various approaches, and fiscal impact estimates for potential short-term rental (STR) regulatory frameworks to the Huntington Beach City Council. During this City Council discussion, errors were discovered in the fiscal impact analysis, and this memorandum corrects those errors. Methodology The data used for the fiscal impact analysis was provided by Host Compliance, a software, and data consultant for the STR market and subconsultant to LWC. Host Compliance compiles data on a weekly basis across the world's 50 top STIR listing sites.The raw data provided by Host Compliance represents a snapshot of the STR market in Huntington Beach from May 2019 through April 2020(Attachment 1). To the extent that the months of February, March, and April of 2020 were negatively impacted by COVID-19, this estimate of projected revenues should be viewed as a conservative estimate. Host Compliance's data includes the number of STRs, type of STR(i.e.,entire unit,shared unit,shared room), and estimated last 12 months of revenue for each STR. To spatially analyze fiscal implications of STRs, LWC geocoded Host Compliance's rental unit data to determine each STR's location, and based on that evaluation, attributed each unit to one of three subareas: 1) Sunset Beach, 2) Downtown, and 3) the rest of Huntington Beach (Attachment 2). The prior analysis contained a calculation error that projected total annual revenues based on estimated average monthly revenues. The issue has been addressed in this revised analysis, which now uses the estimated last 12 months revenue from Host Compliance instead of estimating annual revenues from monthly figures. Fiscal Impact Analysis LWC analyzed estimated STR expenditures and corresponding annual City revenues. STRs in Huntington Beach are estimated to generate a total of $8,738,294 in expenditures (i.e., revenue for STR operators).Applying the Transient Occupancy Tax(TOT) rate of 10%and the City's 1% share of the Tourism Business Improvement District (TBID) assessment, the City would receive $873,829 in TOT revenue and $3,495 in TBID revenue annually. The tables below summarize the STR fiscal impact analysis. The following table summarizes the distribution of expenditures and corresponding City revenue by subarea. 983 Osos Street. San Luis Obispo. CA 93401 1 (805) 595 13451 isawiseconsul;ing com 1 1 476 Table 1: City STR Revenue by Subarea Total TOT TBID TBID E xpenditures (C itV S hare) 7096 496 796 of TBID SunsetBeach $1,484,977 $148,498 $59,399 $594 Downtown $3,615,687 $361,569 $144,627 $1,446 Rest of City $3,637,630 $363,763 $145,505 $1,455 Total S8,738,294 $873 829 $349 532 $3 495 The following table summarizes the expenditures and corresponding City revenue by STR type. Table 2: City STR Revenue by Rental Type Total TBID Expenditures TOT TBID (CitVShare) 1096 496 196 of TBID Enure Unit $7,846,779 $784,678 $313,871 $3,139 Private Room $891,345 $89,134 $35,654 $357 Shared Room $170 $17 $7 $0 Total $8,738,294 $873 829 $349,532 $3,495 The following table summarizes the expenditures and corresponding City revenue by STR type for the Sunset Beach subarea only. Table 3: STR Revenue from Sunset Beach by Rental Type T otal TBID Expenditures TOT TBID (CitVShare) 10% 496 196 of TBID EndreUnit $1,430,142 $143,014 $57,206 $572 Private Room $54,834 $5,483 $2.193 $22 S hared Room $0 $0 $0 $0 Total $1 484 977 $148 498 $59 399 $594 Finally,the City Council's direction on September 2151 was to prepare a STR ordinance that would allow all types of STRs (i.e., entire unit, private room, and shared room) in the Sunset Beach subarea, but limit STRs elsewhere in the city to hosted rentals(i.e., private rooms and shared rooms).The following table summarizes the estimated expenditures and corresponding City revenue for this program. 983 0so5 Street. San taiS Oc.Sco C?.93=G7 IS05) 595 13-5 lisawi eca;S.ao ne con, 477 Table 4: STR Revenue from Council-Recommended Program Total TOT TBID TBID Expenditures* (C ity S hare) 10% 4% 1% of TBID City-wide: Private Rooms $836,510 $83,651 $33,460 $335 City-wide: Shared Rooms $170 $17 $7 s0 Surset6each All RerxalTypes $1,484,977 $148,498 $59,399 $594 Total $2 321 657 $232,166 $92,866 $929 -The subtotals for City-wide and Sunset Beach are mutually exclusive.Sunset Beach expenditures are not included in City-wide expenditures. Attachment 1: Host Compliance data Attachment 2: Host Compliance data by Subarea per LWC analysis 983 Osos Street. San Luis Obispo. CA 93401 1 (8051 595 1345 1 hsawiseconsuhing.corn 13 478 Estanislau, Robin From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Friday, October 30, 2020 10:36 AM To: Semeta, Lyn; Carr, Kim; Delgleize, Barbara, Posey, Mike; Peterson, Erik; Hardy, Jill; Brenden, Patrick Cc: Chi, Oliver; Luna-Reynosa, Ursula; Estanislau, Robin Subject: City of Los Angeles STR Letter of Determination Attachments: City of Los Angeles Letter of Determination 20201027.pdf Dear Mayor Semeta and Council Members (Oliver, Ursula and Robin on copy), Yesterday I received in USPS the attached City of Los Angeles STR letter of determination. I did attend and gave public comment at the LA Planning Commission meeting in December 2019, which probably is the reason I received this letter. The main takeaways from this letter are: • Transient Occupancy Registration Certificate from the Office of Finance required (Page 2 (c)(i) • Feasibility of requiring documentation showing Vacation Rentals are second homes and not investment properties • Increase the citywide cap from 3,625 (.25% of housing stock) permits to 17,740 (1% of housing stock) • Change the geographic unit subject to concentration caps from Census tracts to community plan areas • Increase the maximum number of days per calendar year rented from 30 days to 90 days • Specify that the required 250' of separation between vacation rentals be per block face We are not on the 11/2/20 council agenda. Will we be on the 11/16/20 council agenda? What I do know is that the City of Long Beach city council will have a STR item on item on its 11/17/20 agenda, the City of Orange City Council will have a STR draft ordinance on its 11/10/20 agenda and the City of San Diego Planning Commission will revisit a STR draft ordinance on its 12/10/20 agenda. Why do I not know what is happening in my own city? Thank you for your time and consideration. Looking forward to your reply(ies). Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance • ® Cell: 714.343.7931 Email: info@hbstra.ore l Website: https://www.hbstra.orp t Los ANGELES CITY PLANNING COMMISSION 200 North Spring Street, Room 272, Los Angeles, California, 90012-4801, (213) 978-1300 _1�12 r.niny.ir.ciF .cr< LETTER OF DETERMINATION MAILING DATE: OCT 2 7 2020 Case No. CPC-2019-7045-CA Council District: All CEQA: ENV-2019-7046-ND; ENV-2019-7375-CE Plan Area: Citywide Project Site: Citywide Applicant: City of Los Angeles At its meeting of December 19, 2019, the Los Angeles City Planning Commission took the actions below in conjunction with its recommended approval of the following: A Code amendment establishing regulations to permit the short — term rental of non — primary residences as Vacation Rentals. 1. Approved and Recommended that the City Council determine, pursuant to CEQA Guidelines Section 15074(b), after consideration of the whole of the administrative record, including the Negative Declaration, No. ENV-2019-7046-ND, and all comments received, there is no substantial evidence that the project will have a significant effect on the environment; find the Negative Declaration reflects the independent judgement and analysis of the City; adopt the Negative Declaration; and determine, based on the whole of the administrative record, that the Project is exempt from CEQA pursuant to CEQA Guidelines, Section 15301 (Class 1), and there is no substantial evidence demonstrating that an exception to a Categorical Exemption pursuant to CEQA Guidelines, Section 15300.2 applies; 2. Approved and Recommended, that the City Council adopt the proposed ordinance as modified by the City Planning Commission, as follows: Increase the citywide cap from 3,625 (the equivalent of 0.25 percent of the current housing supply) to the equivalent of 1 percent. • Change the geographic unit subject to concentration caps from Census tracts to community plan areas, and increase the cap from 0.25 percent to 1 percent. • Increase the maximum number of days per calendar year a Vacation Rental may be rented from 30 to 90 days. • Specify that the required 250 feet of separation between Vacation Rental units in Type 1 buildings be per block face. 3. Instructed City Planning to study and report to the Planning and Land Use Management (PLUM)Committee on the following: • Feasibility of requiring documentation showing Vacation Rentals are second homes, not investment properties. • Feasibility of limiting Vacation Rental ownership eligibility to individuals and individual trusts, not limited liability corporations. • Feasibility of allocating a significant portion of the Transient Occupancy Tax (TOT) and/or fees collected from Vacation Rentals to support affordable housing, permanent supportive housing, and/or housing for the homeless. CPC-2019-7045-CA Page 2 Additional information regarding the economic tipping point between a long-term and short-term rental within the construct of other regulatory limitations of the ordinance. 3. Adopted the staff report as the Commission's report on the subject; and 4. Adopted the attached Findings. The vote proceeded as follows: Moved: Millman Second: Khorsand Ayes: Choe, Leung, Mitchell Nays: Mack, Perlman Absent: Ambroz, Padilla-Campos Vote: 5- 2 1 o Cecilia Lamas, rim ion Executive Assistant Los Angeles City tan ing Commission Fiscal Impact Statement: There is no General Fund impact as administrative costs are recovered through fees. Effective Date/Appeals: The decision of the Los Angeles City Planning Commission is final and not appealable. If you seek judicial review of any decision of the City pursuant to California Code of Civil Procedure Section 1094.5, the petition for writ of mandate pursuant to that section must be filed no later than the 90th day following the date on which the City's decision became final pursuant to California Code of Civil Procedure Section 1094.6. There may be other time limits which also affect your ability to seek judicial review. Attachments: Modified Proposed Ordinance, Findings c: Arthi Varma, Deputy Director Hagu Soloman-Cary, Senior City Planner Bonnie Kim, City Planner Patrick Whalen, City Planning Associate CPC-2019-7045-CA Approved by the CPC with procedural changes requested by enforcing departments ORDINANCE NO. An ordinance amending Sections 12.03, 12.22, and 19.01 of the Los Angeles Municipal Code (LAMC) to regulate the use of non-primary residences for short term rentals as Vacation Rentals, and to establish related fees and fines. WHEREAS, in recent years, technology and innovation have expanded the use of short-term rentals (stays of up to 30 consecutive days) as a form of temporary lodging for visitors to experience a local community; WHEREAS, the City Council adopted the Home-Sharing Ordinance (Ordinance No. 185931), which legalized and provided a framework for regulating short-term rentals in primary residences and prohibiting them in non-primary residences; WHEREAS, legalizing and regulating short-term rentals in non-primary residences creates clear rules and regulations to control the growth of the industry, protect long-term housing supply, prevent citywide and geographic overconcentration, address cbmmunity concerns about abuses, and complement the Home-Sharing Ordinance; WHEREAS, providing visitors with\diverse lodging options must be balanced with the responsibility to minimize the negative impact of non-primary residence short-term rentals on the supply and cost of long-term housing and the character_of residential neighborhoods; NOW, THEREFORE, THE PEOPLE OF THE CITY OF LOS ANGELES DO ORDAIN AS FOLLOWS: Section 1.The definition of�Vacation Rental is added\alphabetical order to Section 12.03 of the Los Angeles Municipal Code to.read as follows: Vacation Rental—A.Dwelling Unit which is not a property owner's primary residence and is used for Short-Term Rental consistent with the requirements of 12.22.A.34. For purposes of this definition, the terms "Short-Term Rental" and "Primary Residence" shall have the same meaning as defined in Section 12.22 A.32 of this Chapter. Sec. 2. A new Subdivision 34 is added to Section 12.22 A of the Los Angeles Municipal Code to read as follows: 34. Vacation Rentals. In all zones where residential uses are permitted by right, the following shall apply: (a) Purpose. The purpose of this Subdivision is to allow for housing units that do not serve as primary residences, but are used intermittently as vacation homes and are thus not likely to be rented as long-term housing, to be used for short- term rental purposes. This Subdivision is intended to allow for Dwelling Units that are owned as secondary residences by property owners, and not rented 1 on a long term basis due to occasional use by the owner, to be utilized during times in which they are not occupied by the owner for short term stays. In addition, this Section seeks to lessen the impact of Vacation Rental activity by setting limits as to the number and location of Vacation Rental permits in order to protect the availability of long term housing, and to protect residents and communities from the impacts of an over-concentration of Vacation Rentals. (b) Definitions. The following definitions shall apply to this Subdivision: (1)PERMITTEE.An individual who has received a permit for a Vacation Rental as that term is defined in Section 12.03 of this Code. 2) TYPE 1 BUILDING. Any building with four or fewer Rental Units, as that term is defined in 12.22 A.32 3) TYPE 2 BUILDING. Any building with more than four Rental Units, as that term is defined in 12.22 A.32 . (c) Vacation Rental Permitting. (1) Permit Application. To register for a Vacation Rental permit, an applicant shall file an application, with the Department of City Planning in a manner provided by the Department,and shall include: information needed to verify the ownership of the unit proposed for Vacation Rental, and applicant's identification; an affidavit, signed and submitted under penalty of perjury, stating that the applicant,resides in the Dwelling Unit for which a Vacation Rental Permit is being applied on an occasional or intermittent basis; identification of a local responsible contact person and his or her contact information; a list of all Hosting .Platforms to be used; and any other information required by the instructions on the application. On the Vacation Rental permit application, the applicant shall acknowledge and consent to the Office of Finance and other City agencies' inspection of records at all reasonable times and places for purposes of enforcement of this Subdivision. Payment of any filing fee required under Section 19.01 U.shall be included with the application. If the,required information for registration, including any filing fee, is not received within'45 days of submittal of the application, the Vacation Rental registration application will be considered withdrawn. (2) Eligibility'Requirements. The following requirements must be met at the time of submitting an application for a Vacation Rental permit. and through (i) The applicant has obtained a Transient Occupancy Registration Certificate from the Office of Finance, pursuant to Section 21.7.6 of this Code. (H) The proposed Vacation Rental is consistent with the following provisions: a. Vacation Rental permits may only be granted to owners of Dwelling Units. A renter or lessee shall not be eligible to obtain a 2 Vacation Rental permit. Applicants shall not be eligible to obtain a Vacation Rental permit unless the unit is a Dwelling Unit. b. In order for a unit to be eligible to operate as a Vacation Rental, the Permittee must reside in the unit on an occasional or intermittent basis. c. No person or entity may apply for or otherwise operate more than one Vacation Rental at a time in the City.' d. A housing unit that is subject to affordable housing covenants, and/or are income-restricted under City, State, or Federal law, is not eligible to be used as a Vacation Rental. e. Housing units that are subjeci to Chapte`r.15 of the Los Angeles Municipal Code ("Rent,Stabilization Ordinance) are not eligible to be used as Vacation,Rentals. f. Accessory Dwelling Units are not eligible to receive Vacation Rental permits. %N, / g. Any property or unit that'is the subject of a pending Citation is not eligible to be used as a Vacation Rental. h. Vacation\R\(•permits may not be issued to buildings that have been removed from the rental market through the Ellis Act �-_(California Government Code sectioX7060-7060.7) in the past seven years from the application submittal date. t (3)Thresholds. �i) Citywide the total number of active Vacation Rental permits shall not exceed 141740t and �\ r � _ (ii) Permitted Vacation Rental units shall account for no more than 1 '-,percent of the total number of housing units within any community plan area in the City,`not exceeding the maximum number of Vacation Rental permits allotted per community plan area as shown on Table 12.22 A.34-1, and Table 12.22 A.34-1 Community Plan Area Vacation Rental Permit Caps Community Plan Area Total -Number of Maximum Number of-Vacation • - - Dwelling Units Rental Permits (2018) Arleta-Pacoima 23,633 236 .Bel,Air-'Beverly Crest 9,039 .. 90 - - Boyle Heights 24,186 242 >4 " Brentwood-PacificPalisades - 27,214 272 3 Canoga Park—Winnetka —Woodland Hills 69,158 1692 Central City - -28,798- 288 Central City North 8,078 81 Chatsworth—Porter Ranch _ - 36,425 364 Encino—Tarzana 32,332 323 GranadaHills—Knollwood _ 21,297 213 _ Harbor—Gateway 13,327 t'� 133. Hollywood 107,095 1,071 LAX 589 6 Mission Hills—Panorama City—North Hills 41,232 - 412 . North Hollywood—Valley Village 58,690 r 587 Northeast Los Angeles 80,500 805 Northridge `Nt 124,089 Palms—Mar Vista—Del Rey 54,469 544 Port of Los Angeles y—�- 32\ �. ' .1 Reseda—West Van Nuys 37,191 372 San Pedro \ _ -- f� L32,706 327 ShermanOaks—StudioCity—Toluca Lake 43,380 434 Cahuenga Pass - - Silver Lake—Echo Park—'ElysianValley 730,623 306 South Los Angeles 86,686 867. Southeast LosAngeles / 73,190 732 SunValley—LaTunaCanyon --. 24,577 _ 246 - Sunland — Tujunga — Lake'View Terrace — 22,387 224 Shadow Hills—East La Tuna Canyon Sylmar 22,294 223 Van Nuys—North Sherman Oaks 62,946 629 •Venice - - - 1.21,139 : _ 211 - 4 West Adams-BaldwinHills-LeimertPark I70,754 708 West Los Angeles 38,929' 389 " Westchester-Playa Del Rey 27,575 276 Westlake 43,530 435 Westwood 21,490 215/` Wilmington-Harbor City - - 23,926 - - - 239 Wilshire 130,635 < " 1,306, Total - - - 1,474,141 14,740 (iii) No Vacation Rental unit may be operated for more than 90 days per calendar year- l (4) Concentration. Vacation Rental,permits shall not be issued if the unit for which the permit is b6ing requested fails to satisfy the following distancing and concentration requirements: A, (i) Buildings with\o to four,units-(Type``., a. A maximum of one unit in any Type 1,.building may be used for Vacation Rental purposes. b. There' must be at least 250 feet of separation between Vacation Rentals in Type 1 buildings having the same frontage (block face), as the term frontage is defined in Section 12.03 of this Chapter.This required separation shall be the shortest horizontal distance from property line to properh line, measured in a straight line without regard to intervening structures. ii Buildin s,wilh more than four units (Type 2 a. A maximum of 5 percent of units in an individual Type 2 building, or 10 units in total, whichever is less, may be used for Vacation Rental purposes. If calculation of the number of units that can be used for Vacation Rental purposes results in a number that is less \/than one, one Vacation Rental permit may be obtained in the i building. (5) Expiration and Renewal of Permit. (i)A Vacation Rental permit is valid for one year from the date of issuance. It may not be transferred or assigned and is valid only for the unit for which it was issued. 5 (ii)A Vacation Rental permit may be renewed if the Permittee complies with all of the following: a. Pays the renewal fee; and, b. Has complied with the provisions of this Subdivision for the past year; and, c. Provides information concerning any,changes to the previous application for, or renewal of, the Vacation Rental permit, and d. Submits records described in ,Paragraph (f) of this Subdivision for the last year to demonstrate compliance with this Subdivision. The records descr bed in Paragraph (0 of'this Subdivision shall be made public to the extent required by law. (d) Suspension and Revocation: Notwithstanding any other provision of this Code to the contrary, the Director may require the suspension; modification, discontinuance or revocation of any Vacation'Rental permit if it is found that the Permittee has violated this Subdivision or any other city, state, or federal regulation, ordinance or statute. < (1)Suspension. If a Permittee receives,two Citations, as the term is defined in Section 12.22 A.32 the Vacation Rental permit shall'be suspended for 30 days or as long as at least one Citation is open,whichever is longer. The suspension shall become effective 15 day. er iheinailinglof a Notice of Intent to Suspend the permit. If a'Permittee initiateean`appeal of'eitl er Citation, the suspension will take effect only if the appeaHs not resolved entirely in the Permittee's favor. (i)Where no process is described in the citation, a Permittee may challenge �a-Citation by-submitting an appeal to the Director in accordance with the process in Section .12.24,2 o`f this Code, with no further appeal to a Commission or City Council:.- (2) Revocation. If three Citations have been issued to the Permittee and have been made final either because they were not appealed during the appeal period, or the appeals were denied, the Permittee's Vacation Rental permit shall be revoked. The revocation of a Vacation Rental permit shall become \ effective 15 days after the mailing of a Notice of Intent to Revoke to the permit. (i)•A"Permittee may challenge a Notice of Intent to Revoke by submitting an appeal �to,tFie:Director in accordance with the process in Section 12.242 of this Code; with no further appeal to a Commission or City Council. (ii) Pursuant to the revocation, a Permittee shall be prohibited from obtaining a Vacation Rental permit for one year from the effective date of the Notice of Intent to Revoke. (3)Modification.The Director may modify,discontinue or revoke any Vacation Rental permit based upon an order to show cause, pursuant to Section 12.271 B of this Code, why any proposed modifications, discontinuances or revocations of 6 any Vacation Rental permit should not be issued. The Director shall provide notice to the applicant and/or property owner to appear at a public hearing at a time and place fixed by the Director to respond to the Director's order to show cause. (e) General-Standafdds_Prol iu ,; ; ,d ",n. 'r, (1) No Person shall offer, advertise, book, facilitate or operate a Vacation Rental in a manner that does not comply with this Subdivision. (2) A Permittee may not operate offer, advertise, book. facilitate, or operate a Vacation Rental unless all advertisements clearly list the City-issued Vacation Rental permit number er-peRdag . (3) If a Permittee lists a Vacation Rental on multiple listings on multiple Hosting Platforms, only one listing may be booked at any given time. (4) A Permittee may not rent all or a portion of his or her Vacation Rental to more than one group of guests or under more than one booking, at any given time. (5) Except for allowable Horne Occupations, nonresidential uses including, but not limited to, sales or exchange of. products, events that charge a fee, or the promotion, display or servicing of any product shall not be permitted in the Vacation Rental. (6) A Per tmi tee shall only advertise on'a Hosting Platform that was listed on the Permittee's Vacation Rental permit application form, unless the Permittee has submitted a written request and received written approval from the Department of City Planning to use,another Hosting Platform. (7) No more than two overnight guests are allowed per habitable room (not including kitchens) in a Vacation Rental. (8) There shall be no use of sound amplifying equipment, as that term is defined in Section 111.01 0) of this Code after 10:00 pm and no evening outdoor congregations'of more than eight people (excluding children)in a Vacation Rental. Vacation Rental activities are subject to the noise regulations in the Los Angeles Municipal Code: J (9) A Permittee whose Vacation Rental permit has been suspended is prohibited from operating any Vacation Rental for the duration of the suspension. (10)A Permittee whose Vacation Rental permit has been revoked may not operate any Vacation Rental unless and until a new permit has been issued. (f) Vacation Rental Permittee Requirements. (1)The Permittee shall be responsible for any nuisance violations, as described in Section 12.27.1.13 of this Code, arising at the Permittee's Vacation Rental unit. The 7 Permittee shall be assessed a minimum inspection fee, as specified in Section 98.0412 of this Code for each site inspection. (2) The Permittee shall keep and preserve, for a minimum period of three years, all records regarding each Vacation Rental stay, including the length of stay and price paid for each stay. (3)The Permittee shall fully comply with all the requirements of Article 1.7 of the IAMC (establishing the Transient Occupancy Tax) and successor Sections. (4) The Permittee shall pay a per-night fee for each night of renting their Vacation Rental unit, which will be deposited into the Short Term Rental Enforcement Fund per the requirements in Section 5.576.1 of the Los Angeles Administrative Code. The City Council shall adopt, by resolution, a per-night fee based on an analysis of the cost of implementing, maintaining, and enforcing this Subdivision. (5)The Permittee shall provide and maintain working fire extinguishers, smoke detectors, and carbon monoxide detectors, in compliance with fire, life, and safety codes; information related to emergency exit routes on the property and contact information, including the contact information of the Permittee or a designated responsible agent of the Permittee. (6) The Permittee who lists a Vacation Rental unit located in a Very High Fire Hazard Severity Zone designated by the City of Los Angeles Fire Department pursuant to Government Code Section 51178 shall include in all Vacation Rental listings and post written notices on any patio or deck that smoking is not permitted in any exterior of the property. (7)The Permittee who lists a Vacation Rental unit located in a Red Flag No Parking i n 7n pf O-os f c,'. _•.i n.r':. ifl '!'•' '�'i (,f Rt! " .:U res:: such restrictions are activated The Permittee or a desinnated responsible anent of the Perrnitt�. is---also r(.,ci:ir_ed to no!ify guests_,.-);cn_P.ed Flan No Parking (8)The Permittee shall provide a code of conduct to guests that includes the relevant provisions of this Subdivision and other information to address behavioral, safety, and security issues. (9)The Permittee shall authorize any Hosting Platform on which the Vacation Rental unit is listed to provide to the City the Vacation Rental listing and other information described in Paragraph (g)(4). (10)The Permittee must consent to receive all City notices and Citations regarding their Vacation Rental permit by U.S. mail. (g) Hosting Platform Requirements. (1) Hosting Platforms shall not process or complete any Booking Service transaction for any Vacation Rental unless the Permittee has a valid Vacation Rental permit number issued by the City-Gc-a-pending-pern*-status-{#umber. 8 (2) Hosting Platforms shall not process or complete any Booking Service transaction for any listing that has exceeded the authorized 90-day limit in one calendar year. (3) Within 45 days of the effective date of the Ordinance, Hosting Platforms with listings located in the City shall provide to the Department of City Planning contact information for an employee or representative responsible for responding to requests for information, including requests related to possible violations of this Subdivision. Hosting Platforms that commence listings in the City after the effective date must provide this information prior to facilitating Vacation Rental activity or providing Booking Services within the City. (4) Subject to applicable laws, a Hosting Platfo m with listings in the City shall provide to the Department of City Plannuig, on at least a monthly basis. in a format as specified by the City, the Vacation Rental permit number of each listing, the name of the person responsible for each listing, and, for each booking that occurs within the reporting period, the numbecof days booked. (5) In the event a Hosting Platform has+ente^ed into an agreement with the Office of Finance to collection and remit Transient Occupancy Tax pursuant to Los Angeles Municipal Code Section 21.7.1 et seq., and an applicant has assigned the responsibilities for the collection and remittance of the Transient Occupancy Tax to the Hosting Platform, then the Hosting Platform and the Permittee shall have the same duties and liabilities, including but not limited to the collection and remittance of the tax to the City_ onthly basis. �. (h) Enforcement of-Violations.A . (1) The provisions in this Paragraph, shall be in addition to any criminal, civil or other I`egal remedy established by law that may be pursued to address violations f t of this Subdivision. (2)Any person who has failed to comply with the provisions of this Subdivision 34 (Vacation Rentals) may be subject to the provisions of Section 11.00 of this Code. The owner of any property used for Vacation Rentals, may be assessed a minimum inspection fee,,as specified in Section 98.0412 of this Code for each site inspection. - t '(3) The Director may, at any time, require the modification, discontinuance, or revocation of any Vacation Rental registration in the manner prescribed in 12.22 A.341(d)(2). (4) The ACE program in Article 1.2 of this Chapter may be utilized to issue administrative Citations and impose fines pursuant to this Subdivision.The Citation shall be served by personal service or by depositing in the mail for delivery by the United States Postal Service, in a sealed envelope, postage prepaid, addressed to the Vacation Rental Permittee, shown on the County's last equalized property tax assessment roll. Fines for violations of this Subdivision shall be as follows: 9 (i) Hosting Platform: a $1000 fine per day shall be imposed for any of the following violations: a. Completing a Booking Service transaction for each listing without a valid City Vacation Rental permit number number. b. Completing a Booking Service transaction for each listing where more than one Vacation Rental property is affiliated with a single Permittee. c. Completing a Booking Service transaction for any listing for a Vacation Rental Unit where the Permittee's Vacation Rental permit has been revoked or suspended by the City. d. Completing a Booking Service transaction for any listing for a Vacation Rental Unit that has exceeded the authorized 90-day limit for Vacation Rental operation in one calendar year. (ii)Vacation Rental Permittee, and or designated responsible party: a. A daily fine of$500, or two times the nightly rate charged, whichever is greater, for advertising a Vacation Rental Unit in violation of this Subdivision. b. A daily fine of$2,000, or two times the nightly rent charged, whichever is greater, for each day of Vacation Rental activity beyond the 90-d4 limit in a calendar year. c. For all other violations of this Subdivision, the administrative fine shall be levied according to the amounts described in Section 11.2.04(a)(2) of this Code. The square footage used in calculating the fine shall t e the amount of indoor space to which the Transient guest has access. If the square footage is unable to be ascertained, it shall be deemed to be between 500 and 2,499 square feet. (iii)The fine amounts listed above shall be updated annually, from the date of effective date of this ordinance, according to the Consumer Price Index for All Urban Consumers (CPI-U). Sec. 3.A new Subsection U is added to Section 19.01 of the Los Angeles Municipal Code to read as follows: U. Vacation Rental Permit Application and Renewal Fee. Type of Application I Fee Vacation Rental Permit Application Administrative $850 Clearance Section 12.22 A.34 Vacation Rental Permit Application Renewal $850 Administrative Clearance Section 12.22 A.34 10 Sec. 4. Severability. If any provision of this Subdivision is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Subdivision which can be implemented without the invalidated provisions, and to this end, the invalid provisions of this Subdivision are declared to be severable. The City Council hereby declares that it would have adopted each and every provision and portion thereof not declared invalid or unconstitutional, without regard to whether any portion of the ordinance would subsequently be declared invalid or unconstitutional. Sec. 5. The City Clerk shall certify that... 11 CPC-2019-7045-CA B-1 EXHIBIT B - FINDINGS ENVIRONMENTAL FINDINGS In accordance with the California Environmental Quality Act (CEQA), this ordinance meets the criteria of a Categorical Exemption pursuant to CEQA Guidelines Section 15301 (Existing Facilities), because allowing Vacation Rentals to operate in the City represents, at most, a negligible expansion of an existing use. Furthermore, there is no substantial evidence demonstrating that an exception to a categorical exemption pursuant to CEQA Guidelines Section 15300.2 applies. Impacts of the Vacation Rentals Ordinance on the environment will be minor, as it is not expected to spur any new development or direct physical effects. The City reasonably expects that the proposed ordinance will limit the amount of Vacation Rentals such that any potential impacts on the environment will be less than significant. The proposed ordinance will result in allowing and better regulating a currently prohibited yet ongoing activity of renting non-primary residences on a short-term basis. These results are unlikely to result in a reasonably foreseeable direct or indirect impact on the environment. Approval of the project is supported by the Negative Declaration and Categorical Exemption (ENV-2019-7046-ND, ENV-2019-7375-CE) prepared for this project. The Negative Declaration concludes that, the proposed Vacation Rentals Ordinance could not have a significant effect on the environment, and therefore, an Environmental Impact Report is not required. The Negative Declaration was published in the Los Angeles Times on December 19, 2019, opening a 30 day period to receive comments. It reflects the lead agency's independent judgment and analysis. On the basis of the whole of the record before the lead agency, including any comments received, the lead agency finds that there is no substantial evidence that the proposed ordinance will have a negative effect on the environment. LAND USE FINDINGS In accordance with Charter Section 556, the proposed ordinance is in substantial conformance with the purposes, intent, and provisions of the General Plan. The proposed ordinance is in substantial conformance with the purposes, intent, and provisions of the General Plan in that it would further accomplish the following goals, objectives and policies of the General Plan outlined below. General Plan Framework Findings The proposed ordinance will meet the intent and purposes of the General Plan Framework Element to encourage "clear and consistent rules governing both public and private sector development" to "expand economic opportunity and protect the character of residential neighborhoods." By creating a legal means for short-term rentals to operate in non-primary residences (Vacation Rentals), the City is establishing clear and consistent rules to regulate this market. Prior to this ordinance, Vacation Rentals were prohibited, however it is widely acknowledged that they operated in the City in the absence of enforcement mechanisms. In addition to establishing clear rules for regulating Vacation Rentals, the proposed ordinance also utilizes and enhances the enforcement mechanisms that have been established by the City's CPC-2019-7045-CA B-2 Home Sharing Ordinance that became effective in July 2019, and regulates short-term rentals in primary residences. The ordinance would further the intent and purpose of the Framework Element of the following relevant Goals and Objectives: Due to provisions in the ordinance specifically pertaining to reducing the possibility for nuisance violations to occur, and to minimize the disruptions to the residential character of neighborhoods, the proposed ordinance is consistent with Land Use Goal LU-4, which seeks to preserve and enhance the residential character of existing neighborhoods, and furthers Land Use Policy LU- 4.2, which seeks to create convenient supporting services and alternative residential types when they meet standards for development that protect neighborhood character. The ordinance contains standards to regulate outdoor noise, limit the occupancy of rooms in Vacation Rentals, and restrict the number of nights Vacation Rentals can be rented to just 30, in order to ensure Vacation Rentals operate in a manner consistent with their residential surroundings. Because of these provisions, along with corresponding fines and penalties for violating these provisions, the Vacation Rentals ordinance demonstrates consistency with Land Use Goal LU-4. The ordinance allows Vacation Rentals to occur only in structures defined as Dwelling Units. The charging of rent, in and of itself, is similar to what occurs in almost one-third of the City's single- family residential zones,which are currently renter-occupied, in addition,to multi-family residential zones in the City. The Zoning Code already permits short-term rentals through a CUP in Bed and Breakfast establishments, which may be located in any zone. The proposed ordinance contains standards that are intended to make Vacation Rentals function indistinguishably from proximate residential units. Limits on the number of nights a Vacation Rental may be rented, as well as operational standards regarding the number of people who may stay in each habitable room, prohibitions on noise amplifying equipment and outdoor congregations of large groups of people all help to ensure Vacation Rentals maintain the character of residential neighborhoods they're in. As a fundamentally residential use, Vacation Rentals are consistent with the General Plan Land Use categories that allow residential uses within the range of uses. Housing Element 2013-2021 The Vacation Rentals ordinance will allow up to 3,625 Angelenos to generate income on properties they occupy at least part of the year, but otherwise sit vacant. This income can be used to help complete necessary repairs and keep the properties in decent, healthy condition, which owners will be inclined to do to keep the unit attractive and rentable. Additionally, the proposed ordinance contains myriad provisions to protect affordable housing. Rent stabilized units, as well as those protected by federal, state, or local housing covenants are all prohibited to be used as Vacation Rentals under the proposed ordinance. Buildings that have been removed from the rental market via the Ellis Act in the previous seven years are also prohibited from being used as Vacation Rentals, so as to ensure that the ordinance does not result in the loss of housing in this way. While the proposed ordinance allows short-term rentals in non-primary residences, it eliminates the potential for affordable housing to be lost as a result of Vacation Rental activity. As such, the ordinance furthers the following Housing Element policies: Policy 1.2.1 Facilitate the maintenance of existing housing in decent, safe and healthy condition. CPC-2019-7045-CA B-3 Policy 1.2.2 Encourage and incentivize the preservation of affordable housing, including non-subsidized affordable units, to ensure that demolitions and conversions do not result in the net loss of the City's stock of decent, safe, healthy or affordable housing. In accordance with City Charter Section 558(b)(2),the proposed ordinance is in substantial conformance with public necessity, convenience, general welfare and good zoning practice. In accordance with Charter Section 558(b)(2), the adoption of the proposed ordinance would be in conformity with public necessity, convenience, general welfare and good zoning practice. The ordinance responds to an expressed interest in allowing short-term rentals in non-primary residences while incorporating myriad provisions that protect the supply and affordability of housing and the character of existing residential neighborhoods. Some of these provisions include restrictions on the types of buildings that may be used for Vacation Rentals, caps on the number of Vacation Rentals available citywide and in certain geographies within the City to limit the concentration of Vacation Rentals. a limitation on the number of permits that any individual or entity may obtain, operational standards for Vacation Rentals, and requirements that owners and hosts must comply with. Current regulations prohibit non-primary housing units to be used as Vacation Rentals. This needlessly stifles efficient use of residential space when the owner periodically stays out of town and is not occupying the residence. A new regulatory framework is needed to adapt to the sharing economy, including new tools to enforce responsible and reasonable Vacation Rental policies. Estanislau, Robin From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Tuesday, October 27, 2020 2:26 PM To: Semeta, Lyn; Carr, Kim; Delgleize, Barbara; Posey, Mike; Hardy, Jill; Brenden, Patrick; Peterson, Erik Cc: Chi, Oliver; Luna-Reynosa, Ursula; Estanislau, Robin Subject: STR Draft Ordinance Input Attachments: Huntington Beach, CA Dear Mayor Semeta and council members (Oliver, Ursula and Robin on copy), As a short-term rental draft ordinance is prepared by Lisa Wise Consulting, I think a key component of that ordinance is the requirement of collecting and remitting TOT/TBID. As Mayor Pro Tern Carr stated at the 9/21/20 council meeting, it's not about the money - necessarily. It's not about the money, it's about a level playing field and equity. It's about 100% tax compliance by automating the collection and remittance of those taxes. The results of that will be maximum revenue to administer the STR program and to strengthen code enforcement to enforce quality issues in our neighborhood. The wording in the ordinance needs to include "automated collection and remittance from all online booking platforms". I reached out to VRBO/HomeAway Government Affairs team to introduce our group and briefly explain what is happening in HB. Attached is that email. I know that some of you have spoken to Airbnb Policy rep, Toral Patel and I ask that we - Huntington Beach STR Alliance, residents, Airbnb (et al.) & City of HB all work together as a team, in good faith. In closing, I also know that the City of Orange City Council will review a STR draft ordinance at its 11/10/20 meeting and that the San Diego Planning Commission will revisit its STR draft ordinance on 12/10/20. I ask that you please give me as much advanced notice as possible as to when a STR draft ordinance will return to HB City Council. Will it be this upcoming council meeting on 11/2/207 Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info(Whbstra.ora lWebsite: https://www.hbstra.ora/ t Estanislau, Robin From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Wednesday, October 21, 2020 4:59 PM To: GovernmentAffairs@vrbo.com Subject: Huntington Beach, CA Dear VRBO Government Affairs Team, My name is Kathryn Levassiur. I am the leader of Huntington Beach Short-Term Rental Alliance. Our group of nearly four years has been working with our City of Huntington Beach for taxed and regulated short-term rentals here and in annexed Sunset Beach. An STR draft ordinance is expected to come before council in November (2n0 or 1611). A key goal for the alliance is to have a system in place to automate the process of collecting and remitting the lodging tax (transient occupancy tax/TOT 10% and tourism business improvement district fee/TBID 4%) agreements from all online booking platforms. We have good communication with all seven at-large council members and city staff, including City Manager Oliver Chi and Community Development Director, Ursula Luna Reynosa. On Sep 21, 2020, council came to unanimous consensus to direct Lisa Wise Consulting to come back with an STR draft ordinance, which a council member later told me should be in Nov. Here is a news clipping of that council meeting. I'm not sure if anyone yet from VRBO Government Affairs has reached out to HB city staff, but I wanted to let you know that an STR ordinance is in the works to grandfather in all STR's in Sunset Beach and hosted STR's (ADU's and duplexes included) is in the works. I'm happy to offer you any additional information about our group and our city. Please reach out to me at your earliest convenience. Thank you. r� Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance / Cell: 714.343.7931 Email: info(alhbstra.ore l Website: https://www.hbstra.OrR/ 1 Estanislau, Robin From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Wednesday, October 7, 2020 2:54 PM To: Semeta, Lyn; Carr, Kim; Delgleize, Barbara; Brenden, Patrick; Hardy, Jill; Posey, Mike; Peterson, Erik Cc: Chi, Oliver, Luna-Reynosa, Ursula; Estanislau, Robin Subject: STR Proactive Actions Dear Mayor Semeta, council members (Oliver, Ursula and Robin on copy), It came to my attention yesterday from one of our alliance members that they received a phone call from Airbnb about a noise complaint. Evidently, someone used the Airbnb Neighbors website to call about a noise complaint. In anticipation of an STR draft ordinance coming soon before council, Huntington Beach STR Alliance members will be educated on the latest technologies related to STR management, including Party Squasher, which Councilmember Hardy mentioned during her comments at the 9/21/20 council meeting - all with the goal to prevent nuisance issues from happening and for promoting good neighbor policies. This technology list will include for now: Party Squasher - "The first smart occupancy counter to protect your home. This small sensor connects to the cloud service through your home's internet router. The sensor counts the mobile devices in and around your home - even if they are NOT connected to Wil'i - to deliver real time data straight to your mobile device." NoiseAware - "We prevent noise pollution with innovative technology and remarkable customer service." Ring - "Smart security, day or night." August Smart Lock - "With August, you are always in control of your front door, no matter where you are, right from your phone. Our smart locks work to help you keep the bad guys out and let your friends and family in." HBSTRA commitment: Alliance members will continue to be informed of evolving local STR regulations and of the latest technology in STR management - and it appears that Airbnb is taking a proactive approach in communicating noise complaints to its STR operators in HB. \\ In partnership, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance / Cell: 714.343.7931 Email: infoCdhbstra.ore l Website: https://www.hbstra.orgZ t Estanislau, Robin From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, October 5, 2020 1,52 PM To: Semeta, Lyn; Hardy, Jill; Carr, Kim; Delgleize, Barbara; Brenden, Patrick; Posey, Mike; Peterson, Erik Cc: Chi, Oliver; Luna-Reynosa, Ursula, Estanislau, Robin Subject: Transient Occupancy Registration Certificate Dear Mayor Semeta, HB City Council members (Oliver, Urusal and Robin on copy), Threshold #5 for an STR registration was opposed by the alliance initially, but we would support an STR registration if it were tied to a Transient Occuoanv Registration Certificate like in San Diego, for the automated collection and remittance of TOT/TBID for all STR operators in Huntington Beach and Sunset. We support a pilot program for Sunset and allowing hosted STR's there and in HB, with the good faith commitment of a vacation rental pilot program in HB at a future date. What this would accomplish if council and staff adopt: • Create a level playing field for all STR's in Huntington and Sunset by collecting and remitting TOT/TBID like the hotels do • Generate maximum TOT/TBID revenue for the city - if the city enters into a Voluntary Collection Agreement with Airbnb and possible other major STR platforms, the TOT/TBID would be automatically swept from every short-term reservation made through at least Airbnb and possibly other major STR booking platforms • Data from the Transient Occupancy Registration Certificate application process would provide who is doing STR's in HB and Sunset • Require TOT/TBID certificate number on all STR listings, violators must be held accountable by code enforcement • City will have the resources from the collected TOT/TBID Certificate permit fees to enforce violators of this requirement • Realistically, unhosted vacation rentals (70% of the STR mix) in HB have been operating despite a ban and will continue to operate if a ban persists In closing, we urge council, city manager, community development and staff to seek out the guidance of Lisa Wise Consulting and to reach out to Airbnb through its newly launched Airbnb City Portal The alliance members of Huntington Beach STR Alliance thank you for your time and for your consideration. � a . Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.org l Website: https://www.hbstra.org/ 1 Short - Term Rentals --------------------------------------------------------------------------------- 0 -------------------------- -------------------------------------------------- City of Huntington Beach y Cit Council ,�.. ,�. ALNovember 16 , 2020 ��1N Background 0 * September 3, 2019 Study Session an overview of short-term rentals in Huntington Beach case studies of four coastal cities (Carlsbad, Carpinteria, Newport Beach, Pismo Beach) range of approaches in regulating short-term rentals * September 21, 2020 Meeting three regulatory framework alternatives fiscal impact analysis direction to prepare an Ordinance with high threshold regulations STR Regulations _ O _ __ _ Chapter 5 . 120 (Short-Term Rentals) establish regulations, standards, and permitting processes affecting residential districts citywide protect character of residential neighborhoods maintain long-term rental housing stock ensure collection and payment of TOT Types of STRs ----- ------------------------------ 0 ----------- ------ Host • Short-Term Rental (STR) a property owner who a residential dwelling unit offered to a occupies the property paying guest for 3o nights or fewer at the time and for the duration of the short term rental • Hosted Stay a short term rental where the Host occupies the property and remains on- Operator site throughout the guest's stay a property owner in Sunset Beach who • Un-Hosted Stay offers the unit for an a short term rental in Sunset Beach un-hosted short term rental where there is no Host and the Operator resides off-site during the guest's stay Permitted Locations o ____________________________________________ _ • Zone 1 and 2 hosted (owner-occupied) STRs allowed Zone 1 citywide, including properties in Sunset properties within Beach the City, excluding Sunset Beach • Zone 2 un-hosted (owner un-occupied) STRs Zone 2 allowed in Sunset Beach only if a properties within permit is applied for within 6 months Sunset Beach of the effective date of the fee resolution STR Permit T __ _____ _ _ _ _ ___ __ • STR Permit required for all hosted and un-hosted STR operations • • STR Host/Operator needs to apply for a STR Permit within 6 months of effective date of fee resolution permit • valid for one year from date of issuance • STR Permit may not be transferred and does not run with land • annual renewal of STR Permit Criteria for STRs _________________ _ TT _ __ _ _ • one STR per property (SFR, duplex, triplex, rental properties of any size) O WWWWWOO' • up to 3 STRs per property (on ownership properties with 4 or more units, i.e. condominiums and O townhomes if allowed by CC&Rs) • STR as a legally permitted dwelling unit (ADUs or junior ADUs if unit legally established prior to effective date of the Ordinance) • STR unit must be primary residence of Host • Local Contact Person available 24 hours/day, 7 days/week, to respond within 1 hour to complaints and take action to resolve complaints • Host as the Local Contact Person for Hosted Stays • Operator designates a Local Contact Person for Un-Hosted Stays STR Ke Provisionsy - 0 • occupancy limit — maximum 2 persons per bedroom, plus 2 additional guests (including children); maximum io persons in any STR • minimum age of STR tenant - 25 years old • compliance with Noise Ordinance • events are prohibited (commercial parties, weddings, fundraisers, conferences) • City-issued STR permit registration on all marketing/advertising materials • if STRs become part of Huntington Beach TBID, they shall comply with all requirements, including the payment of the 4% of taxable revenues • STR not operated as any other commercial home-based business STR Requirements ____________ _______ _______ __ 0 - -- - --- • provide information to guests on maximum number of occupants, location of parking, noise regulations and quiet hours, trash and recycling disposal requirements • maintain working fire and life safety items (e.g. fire extinguishers, smoke and carbon monoxide detectors) • maintain and provide proof of liability insurance appropriate to cover the STR • have the legal responsibility to collect and remit the TOT and TBID assessments Postings Interior Notice • maximum number of occupants rf-40 u s Re • location of parking ule S • trash and recycling pickup information • emergency contact information * evacuation plan Sign Outside Unit • Local Contact Person name and phone number 9 no posted sign outside to advertise the availability of the unit g Hostin Platforms __ __ ____ 00 __ ______ _ ___ _ • require STR Permit number and expiration date on all listings A • shall not process any booking transaction without a valid current STR Permit issued by City • provide the City with the monthly report for each listing: STR Permit number, address, name of person, number of days book, price paid • remove any listings for STRs upon notification by City ,o:000'\, V R B 0 • inform Host/Operator of responsibility to collect from HomeAway and remit all applicable taxes unless there is a Platform Agreement Enforcement o _ _ _ • Local Contact Person to respond to complaints within one hour after the complaint is received • $1,000 fine each day for each violation of any provision • 3 violations against a STR Host/operator within a 12-month period may result in revocation of STR Permit Fiscal Imp act 00 - ------- __________________ • Potential revenue projections — data collected from May 2019 through April 2020 to represent a snapshot of STR market in Huntington Beach • Table 1 reflect potential revenues divided into three subareas: Sunset Beach Downtown rest of Huntington Beach Table is City STR Revenue by Subarea Total TOT TBID Expenditures (City Share) Io% 1% o TBID Sunset Beach $1,484,977 $148,498 $594 Downtown $3,615,687 $361,569 $1,446 Rest of Cifi, $3,637,630 $3637630 $1,455 Total $8.o738.1294 $87 ,829 $39495 Fiscal Imp act 0 • Table 2 reflect potential revenues divided by rental type: entire unit private room shared room Table 2: City STR Revenue by Rental Type Total TOT TBID Expenditures Yo% (City Share) 1% of TBID Entire Unit $7,8467779 $784,678 $3,139 Private Room $8912345 $89,135 $357 Shared Room $170 $17 $0 Total $8.p7381,294 1 $87 9829 $39495 , i Fiscal Im o _ _ __ __ --- _ _ ____ ___ ______________ _____ • Table 3 reflect potential revenues for allowing: all types of STRs (entire unit, private room, and shared room) in Sunset Beach hosted rentals (private rooms and shared rooms) in the rest of the City Table 3: STR Reveime fi•om Council-Reeommeiided Program Total TOT TBID Expenditures (City Share) lo% 1% of TBID City-wride: Private Roonis $836,510 $83,651 $335 City-wide: Shared Roonis $170 $17 $o Sunset Beach: All Rental Types $1,484,977 $148,498 $594 Total 1 $293219657 1 $2329166 $929 Recommendation ------------------------------- 0 ---------------------------------------------------------------------------------------------------------------- • Approve for introduction of Ordinance No. 4224 by adding Chapter 5.120, Regulating Short-Term Rentals provide regulations and permit processes to reduce operational impacts of short-term rental properties preserve residential neighborhood character Estanislau, Robin From: Anthony Nemelka <anthonynemelka@gmail.com> Sent: Friday, November 13, 2020 8:00 AM To: supplementalcomm@surfcity-hb.org Subject: Pending STR ordinance Re: Pending STR ordinance Dear city council members, I have read the draft STR ordinance, and I largely support it. But I think you are making one big mistake. You have successfully transformed the city into a resort community, but one of the consequences is that many homes are becoming 2nd homes for people. Your proposed ordinance seems to be ignoring that--to the detriment of our community. I have owned my home in south Huntington Beach near PCH since 1992. My children were born there. I have significantly upgraded the property over the years and spend as much time as 1 can there--as do my children who now live elsewhere. When the time comes, I will retire there. But for now, my work requires that I spend much of my time overseas. My time in Huntington Beach is often quite limited. It's like a vacation home for me right now. My father in law, who was a doctor at Hoag, lived in a beautiful home on the bluffs overlooking Balboa Island—in the neighborhood known as Irvine Terrace. Stunning views. It was the quietest neighborhood I have ever visited. In fact, it was a ghost town. From what I could tell, most of the other homes on the bluff overlooking the ocean were empty most of the time. They were 2nd or 3rd homes of people whose work and lifestyle allowed infrequent visits. It was a shame that those homes were not being shared for others to enjoy while the owners were busy elsewhere. It is a very common lifestyle, and one that is becoming increasingly prevalent in Huntington Beach. Please don't let our neighborhoods turn into ghost towns. Encourage people like myself to open up their vacation homes for others. Huntington Beach is a wonderful place, and the council should make it more accessible for large families to enjoy. In these trying times, STRs are the best option for anyone with a large family. I love Huntington Beach. And I know you do too. Let's make sure it doesn't turn into the next residential ghost town. I'd love to show you my place. 1 think you would be pleased by how it represents the future of the city. Please don't hesitate to call if you would like to arrange a visit. My best wishes to you all. Thank you for what you have done to the city that I will always call home. SUPPLEMENTAL Anthony Nemelka COMMUNICATION 714-396-6761 Abs 1Deb: //// 6 /ZazO t Estanislau, Robin From: Julie Kimmel <juliebkimmel@yahoo.com> Sent: Friday, November 13, 2020 1001 AM To: supplementalcomm@surfcity-hb.org Subject: STR Ordinance #4224 Dear Council, I am a 36 year resident of downtown Huntington Beach and have the following comments on the STIR Ordinance#4224 that I understand is coming up for vote I am in strong favor of the provisions which grandfather in Sunset Beach for all STRs and allow hosted STRs in Huntington Beach. I am also in favor of the permit conditions and the fees HOWEVER, the ordinance should INCLUDE WHOLE home STRs NOW and NOT delay this inclusion I do not currently offer my home for either type of STIR but I have recently retired after selling my business in Huntington Beach I feel it is my right as a property owner to offer my home to guests when I am traveling and I would do so with care and responsibility with particular consideration for my neighbors who I know and have lived beside for for many years I do not understand why the assumption is that this could not be managed in all of Huntington Beach if it can be managed in Sunset Beach Additionally my home is one of my most valuable assets and you can be sure I will take care of it as I make it possible for guests to experience beautiful HB I know they will spend more dollars in the city enjoying its restaurants and shopping than I do another win for the city I am sure I speak for other home owners as well I have a second home in La Qwnta which I offer as a STIR and that city, along with my HOA there, do a amazing lob of managing the process and it is great revenue for La Quinta So. I am experienced host on Airbnb and VRBO and feel I can speak here with knowledge The platforms give us much ability to manage who we are allowing to book our property I can understand that there is a concern for corporate exploitation of the opportunity to invest in multiple whole house STRs However the city would have the complete ability to control this as part of the permit process This CAN be done successfully Allow WHOLE HOUSE STRs Julie Kimmel 611 11th St. Huntington Beach, CA 92648 SUPPLEMENTAL COMMUNICATION Date: 4�'4a dig Agenda foam No.:, Switzer, Donna From: Allison Arvizu <allisonarvizu@yahoo.com> Sent: Sunday, November 15, 2020 4:08 PM To: supplementalcomm@surfcity-hb.org Subject: Short term rentals > I am against Short Term Rentals. In our neighborhood, residential zoned area, we have had AirBnb rentals. Even though they have been illegal in Huntington Beach, unless some neighbor is willing to file with the Code Enforcement Department, they go unnoticed. Who can possibly monitor and regulate this. No one. Last year a meeting was held and a survey was to be mailed out. Most residents were not aware of this meeting. I called to ask if I could participate and I was told No, that they had enough people. I asked how the selection was made and was told it was random. I asked if I could observe, the person said no. > Now that the city has figured this is financially beneficial (someone is)you want to pass and approve Short Term Rentals. > Residential zoning is for families in homes; not for profit areas. >The unknown people come into your neighborhood. The amount of cars that park in front of our houses and the noise and trash created by people staying for short periods are not safe nor beneficial to us, the neighbors. > Not Passing this gives more business and revenue to our local hotels/motels (and city) which are in areas zoned for businesses. > I ask that you Vote No against short term rentals. Allison Arvizu and Mitchelle Arvizu 19841 Estuary Lane Huntington Beach, Ca 92646 SUPPLEMENTAL COMMUNICATION Meeting Date.- //I Fy/24?Z .1ger,oa Item!41o.• /F ZO--l t Switzer, Donna From: dad2st@aol.com Sent: Saturday, November 14, 2020 2:53 AM To: supplementalcomm@surfcity-hb.org Subject: Short term rentals I urge all on the city council to vote NO on legalizing short term rentals. Chuck Burns Huntington Beach CA 92649 714 369-7384 SUPPLEMENTAL COMMUNICATION Mee"Deb: I K0.�.20--20 )Wx%llenl lVo: i t Switzer, Donna From: Todd Fox <toddgfox@gmail.com> Sent: Sunday, November 15, 2020 6:23 PM To: supplementalcomm@surfcity-hb.org Subject: Fwd: AirBnB in Huntington Beach > I am a homeowner in Huntington Beach. > > I approve of the idea of allowing homeowners to rent out their residences for short term durations using sites like AirBnb and VRBC. > >Todd Fox > 6832 Lafayette Dr > Huntington Beach, CA. 92647 SUPPLEMENTAL COMMUNICATION Mae" Date: agenda Item No.• 2 F t a?� 1 Switzer, Donna From: 5691leslie <fgssrz@gmail.com> Sent: Friday, November 13, 2020 4:49 PM To: supplementalcomm@surfcity-hb.org Subject: Huntington Beach short term rental Hello there, I'm a home owner at Huntington Beach. 1 have tried short term rental before. But the residents told me it is against the city rule. So 1 had to leave that income out. Owning a home near the beach in Southern California is quite expensive. I've borrowed money from friends to keep up with the maintenance and lack of rent. Now 1 moved and rented it out long term. I think my tenants will be leaving soon. 1 hope short term rental will be allowed again so I can also enjoy the home from time to time. Thanks. Karen SUPPLEMENTAL COMMUNICATION Mee&V Dave: Y I J l Ld-)0,)() Agenda nem No.* /b 11P20 -/4J :78 Switzer, Donna From: Melinda Koppel <scottk112@aol.com> Sent: Sunday, November 15, 2020 3:47 PM To: supplementalcomm@surfcity-hb.org Subject: Short term rentals I am against numerous short term rentals in HB! The ordinance states that 3 out of 4 units could be designated for short term rentals. That is way too many! H. B. Resident Sent from my iPhone SUPPLEMENTAL COMMUNICATION Mare" Date: agenda "m NO. 1 Switzer, Donna From: ALAN KORNICKS <akornicks@aol.com> Sent: Monday, November 16, 2020 11:32 AM To: supplementalcomm@surfcity-hb.org Subject: Vacation Rentals As a downtown resident, I would like to voice my opinion that I am against changing the vacation rental regulations which are to be discussed at tonights meeting for the following reasons. - Downtown parking is already hard to find for local residents, with homes already renting rooms out, families with multi vehicles, as well as the number of vehicles that apartment dwellers have. - Vacation rentals are already allowed, and at times there are multiple vehicles in attendance. In closing, I once again urge the Council to leave the existing regulations in place and to start enforcing them. Sincerely. Alan Kornicks 407 19th Street Sent from my Whone SUPPLEMENTAL COMMUNICATION IVAO+a Dab: /I Agenda Itertl No,- 18 do - gZ4- t Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Saturday, November 14, 2020 7:40 PM To: supplementalcomm@surfcity-hb.org Subject: Support of Agenda Item 18 Short-Term Rentals Dear Mayor Semeta and Council Members, I am a 21-year resident of Huntington Beach and founder of Huntington Beach Short-Term Rental Alliance, but these comments are my own. This reasonable ordinance that is up for vote Monday night is all thanks to City Staff, Lisa Wise Consulting and to each of you for the unanimous consensus to move STR regulations forward to this point. Thank you. My husband Al and I plan to travel extensively in the coming years. While we travel, we would like to be able to short-term rent our home; with the help of an experienced property management company, technology such as NoiseAware and PartySquasher, notify our neighbors of our plans and provide them with current contact information and make our guests aware, with strict enforcement of rules, that they must be good neighbors while the "live like locals" in our home. We'll make it abundantly clear to our guest that they must follow rules for parking, trash pickup and street cleaning schedules. We will also promote local neighborhood businesses for them to dine and to shop and also promote BID businesses. Cities like Pasadena and Long Beach have allowed residents to rent their homes on a short-term basis for up to one day less than half of the year. Would that be something that council would consider? The option for residents to rent out their primary homes for part of the year would generate more revenue for the city, allow residents to supplement their incomes and allow out of town families to spend a few precious days in our paradise that is, Huntington Beach. Thank you for your time today to read my comments. Sincerely, Kathryn Levassiur Cell: (714)343-7931 SUPPLEMENTAL COMMUNICATION McWftDella: 11 LlW l�y,2U Agenda VAM Ho.. !g ao- Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, November 16, 2020 7:46 AM To: supplementalcomm@surfcity-hb.org Subject: HBSTRA Public Comment for Agenda Item a18 STRs Dear City Clerk Estanislau, I will be submitting anonymous public comments received through https:/Iwww.hbstra.orp,/share-your-story: What group should we submit your comments under?: Host - I share my home with guests visiting Huntington Beach Your Letter/Comments: A few years ago I started to supplement my income by sharing my home with some people from other countries that were visiting our area. The income created by that decision had allowed me to do some repairs and improvements that were necessary and that before I could not afford to do. I am in total support for the approval of the proposed STR ordinancep4224. The city of Huntington Beach, the merchants of the city, and many property owners like me, will benefit Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance 5231 Meadowlark Dr, Huntington Beach, CA 92649-2639 Cell: 714.343.7931 Email: info@hbstra.org J Website: https://www.hbstra.ork/ SUPPLEMENTAL COMMUNICATION ,,leel V Daft: Agenda ftm No: t Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, November 16, 2020 7:49 AM To: supplementaIcomm@surfcity-hb.org Subject: HBSTRA Public Comment for Agenda Item #18 STRs Dear City Clerk Estanislau, I will be submitting anonymous public comments received through https://www.hbstra.orpjshare-your-story: Hundreds of thousands of dollars can be made in a short period of time by allowing STIR and collecting taxes and adding patrons to restaurants and stores. This would be the quickest and most Efficient way to make revenue. I have seen this in Manhattan Beach which now allows STIR. I have advocated before to have inspectors check home for quality control and install sound monitors. Many ways this can be effective, and the council members against it, need to wake up and realize this is their answer. NOT all cities can do this across the United States, the beach is a magnet for travelers, TAKE ADVANTAGE OF THIS..! Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: into@hbstra.org J Website: https://www.hbstra.org SUPPLEMENTAL COMMUNICATION Me**Dade: 1!!l 2 U AW49 two W. t Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, November 16, 2020 7:54 AM To: supplementalcomm@surfcity-hb.org Subject: HBSTRA Public Comment for Agenda Item a18 STRs Dear City Clerk Estanislau, I will be submitting anonymous public comments received through https://www.hbstra.org/share-your-story: What group should we submit your comments under?: Guest - I stayed with a host or in a short term rental Your Letter/Comments: Huntington beach city is one of the beautiful and comfy cities in orange County. Based on this fact. I believe that everyone should get the opportunity to enjoy it. With STIR in place, this opportunity chance increases. specially with corona virus situation a lot of families don't trust hotels as they used to. Renting a house or a room has become more convenient and affordable than a hotel room. Also, with STIR my option of location is increasing verses with hotels they are limited . I strongly believe that it's very important to allow STIR in beach cities since its lately the most safe place for people to hang out. Thank you, Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.org l Website: https://www.hbstra.org/ SUPPLEMENTAL COMMUNICATION Meelkg Data: 1/Jl U4,ZQz) Agende nem No.: 1 010 - m 14) t Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, November 16, zozo 10:03 AM SUPPLEMENTAL To: supplementalcomm@surfcity-hb.org COMMUNICATION Subject: HBSTRA Public Comment for Agenda Item #18 STRs MMOVD,: �1 /�po zo Dear City Clerk Estanislau, Aysnde IMtn I will be submitting anonymous public comments received through https://www.hbstra.Qrq/share-your-story: Councilmembers, This note comes from the heart and more than a 50 year family relationship with HB. My wife and her twin brother, who has lived in HB since they were 15 (their younger sister is a well known surf photographer), all graduated from HB High and we daresay have a much different and more lengthy relationship with HB than many of those who want to ban STRs, a staple option bringing families to HB for years. We bought our home after the family matriarch, a true original in HB, passed away and the family home was no longer available to our extended family. Ours is now the family beach house and folks are complaining when our friends and family groups use the home in completely reasonable ways. We would, of course, want to be able to share our home with families looking to travel to HB on vacation. It would not surprise us if some councilmembers may have availed yourselves of the benefits of STRs in your travels. We applaud the council for looking into reasonable regulation of STR's but believe the proposed ordinance is lacking in a number of particulars— for the City, responsible property owners and families seeking to enjoy the benefits on Huntington Beach. Continuing a ban on vacation rentals of non hosted home sharing is a step too far. History has shown that overregulating-in this case banning-a reasonable use of property-virtually always has negative consequences-the negative impacts of rent control comes to mind. The basic principle of property rights must always be respected. Now that doesn't mean unfettered use of property—we have planning, zoning, health and safety and other reasonable regulations-that allow for uses but regulate, not ban, when those behaviors might have negative community impacts. There are also community benefits that flow from HB being a welcoming community for families that come from all over the country to enjoy its beaches, merchants and ambience for whom a home is the most preferable lodging option. In fact CDC has released guidance that recognizes the superior safety of vacation homes as a travel option during the pandemic. We would also submit that the estimated economic benefits of STR's is vastly understated-both in revenue from TOT's and the benefits to restaurants and other merchants from vacationers far more frequently using those services during their weekly stays than a long term renter Banning non hosted STR's will put HB at an extreme competitive disadvantage to other coastal communities that are taking a more balanced approach. Owning property in a resort community, especially near the beach and downtown, brings with it different expectations than a single family detached neighborhood. We already have a mixture of multifamily, single family and commercial mixed in to the community. There are templates from other communities, that do not ban but reasonably regulate otherwise accepted and reasonable uses of property, that are working. We would urge the council to proceed with its ordinance on hosted home sharing, with a few tweaks including some that protect the privacy and safety of property owners, but also add reasonable regulations permitting non hosted rentals. Owners who act irresponsibly should be i warned, cited, and if such behavior continues, prevented from conducting STRs. Such an approach would not only be better policy provide more economic benefit t the City but also be much more efficient to enforce than continuation of a total ban. We would be happy to work with the staff and Council on a balanced and effective STIR regulation. We appreciate the opportunity to share our views Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance p' Cell: 714.343.7931 Email: info@hbstra.org I Website: https://www.hbstra.orR/ 2 Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, November 16, 2020 11:03 AM To: supplementalcomm@surfcity-hb.org Subject: HBSTRA Public Comment for Agenda Item #18 STRs Dear City Clerk Estanislau, I will be submitting anonymous public comments received through httpslLww.hbstra.org/share-your-story: What group should we submit your comments under?: Host - I share my home with guests visiting Huntington Beach Your Letter/Comments: I live in my home full time and, after the 2008 financial crisis, lost my job. I've never recovered financially. A few years ago I started hosting guests in my home and it has been the most loving, friends-are-family, wonderful experience! I make my guests breakfast every morning and Monday nights are family dinner nights. We share meals, but most importantly, we share our lives. I've opened my home to an abused woman fleeing a difficult situation (while pregnant), two German lads and one French, on 6 month work assignments, many sets of grandparents coming from around the world to visit grandchildren, as well as dozens of others with their own special stories. My AirBnB allows the world to be a smaller place. A more loving and inclusive place. No one cares about religion, color, politics, gender identities, or any of the other issues that divide people. And once people leave my home, a connection continues. Manar, from Egypt, refers to me as mom2, and we FaceTime often. Steffen from Germany invited me to his wedding. I made a baby quilt for Max and Marlene from France.. I went to Germany specifically to reunite with Markus and his new wife. My Airbnb has become an avocation rather than a vocation. It's my avenue for helping make the world a more loving, accepting place. i Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance +' Cell: 714.343-7931 Email: info@hbstra.org, J Website: https://www.hbstra.orp,/ SUPPLEMENTAL COMMUNICATION Agenda nem No. a0- I GI Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, November 16, 2020 11:18 AM To: supplementalcomm@surfcity-hb.org Subject: HBSTRA Public Comment for Agenda Item #18 STRs Dear City Clerk Estanislau, I will be submitting anonymous public comments received through https://www.hbstra.org/share-your-story: I support Agenda item 18 and allow whole home rentals in HB. This would be a win win for the City, tourism and whole home operators. Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.org l Website: https://www.hbstra.org/ SUPPLEMENTAL COMMUNICATION MOWV DF": i�I�ca/,2azv Agenda rMM , t Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, November 16, 2020 11:48 AM To: supplementaIcomm@surfcity-hb.org Subject: HBSTRA Public Comment for Agenda Item a18 STRs Dear City Clerk Estanislau, I will be submitting anonymous public comments received through https://www.hbstra.orp/share-your-story: What group should we submit your comments under?: Host - I share my home with guests visiting Huntington Beach Your Letter/Comments: I'm a host in the City of Long Beach. I support the efforts of Huntington Beach City Council, Huntington Beach Short-Term Rental Stakeholders and HBSTRA in support of agenda item a18. Long Beach will be voting on whole rentals here tomorrow night. We encourage unhosted and hosted short term rentals in Long Beach AND Huntington Beach. Would you like to attend member meetings and assist with our lobbying efforts?: Yes! Please contact me about member meetings and how I can participate. Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.org l Website: https:iiwww.hbstra.org/ SUPPLEMENTAL COMMUNICATION Dom: A,gerxu MGM No. t Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> SUPPLEMENTAL Sent: Monday, November 16, 2020 12:49 PM To: supplementalcomm@surfcity-hb.org COMMUNICATION Subject: HBSTRA Public Comment for Agenda Item a18 STRs I� Z� iM1eov Dale: Dear City Clerk Estanislau, Ape1�lllrA M�.• I will be submitting anonymous public comments received through htti2s:/Iwww.hbstra.org/share-your-sto : I have been a resident of Huntington Beach for 42 years. I have 15+ years experience as a local landlord and some experience with short-term rentals. I believe the current policy on STR rentals are not effective in resolving perceived issues with STR, and I would like to see the policy updated for a few reasons: * Encourage tourism * Provide supplemental income to local residents * Collect millions in Transient Occupancy Tax * Enhance the City's ability to effectively manage potential nuisance issues SHORT-TERM RENTALS ARE ALREADY PART OF OUR COMMUNITY * The modern way people travel and the choices people make have outpaced the City's policy on rentals. STR have existed in HB since the 1950s. * The current policy on STR do not work and do not address the concerns residences have. NUISANCE HOMES ARE A CONCERN * Nuisance homes are a problem, and no one wants to live near one. They exist in all types of homes - owner-occupied, longterm renters, and short term renters. There is no data that shows this is a legitimate issue with short term rentals. I will hypothesize that they are more prevalent in long-term rentals than STR because STR are more actively managed. MAINTAINING THE LOOK AND FEEL OF NEIGHBORHOODS * Owners and hosts have the same incentives as other residents in maintaining a nice neighborhood and pleasant living environment. ENCOURAGE TOURISM: * Encourage tourism * Visitors contribute greatly to the local economy. Drives tourism dollars to the local community * Visitors will stay outside of H.B. if they don't have lower-cost option * STR hosts become ambassadors for HB * California Coastal Commission (CCC) went on record in support of sensible short-term vacation rental policies, convinced that home sharing provides a more a affordable way for many travelers, including groups and families, to visit expensive beach communities. * This has limited impact on the hotel industry. * Hotels and STR can co-exist. People chose the type of stay based on what type of visit they're looking for. STR should collected TOT just like hotels. Hotel cost structure is different than a 1 small residential home. STIR cannot be directly compared to hotels due to the different zoning and business licensing requirements. STIR are residential, and need to be regulated like a long- term rental (ADA rules apply). IDSincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.org ]Website: httos://www.hbstra.org/ 2 Switzer, Donna From: Kathryn Levassiur <levassiurk@gmail.com> Sent: Monday, November 16, 2020 12:50 PM To: supplementalcomm@surfcity-hb.org Subject: HBSTRA Public Comment for Agenda Item u18 STRs Dear City Clerk Estanislau, I will be submitting anonymous public comments received through https://www.hbstra.org/share-your-sto : " I am a 52 year resident of Huntington Beach and I am strongly in favor of allowing short term rentals. I've been a homeowner here in Huntington Beach for over 30 years, and I think short term rentals are needed in our city. Newport Beach has always done them. Why do we want travelers to spend their money in Newport and surrounding cities that allow them? Please vote to allow short term rentals in our wonderful city!" Sincerely, Kathryn Levassiur Huntington Beach Short-Term Rental Alliance Cell: 714.343.7931 Email: info@hbstra.orR l Website: https://www.hbstra.orgl SUPPLEMENTAL COMMUNICATION IMeetlrg Deb: 11 /lIZ-26Z0 Aped.R.m Ho: t Switzer, Donna From: Shelly Love <lovehisgrace@gmail.com> Sent: Monday, November 16, 2020 12:22 PM To: supplementalcomm@surfcity-hb.org Subject: Short Term Rentals Dear Huntington Beach City Council members and all it may concerns; In regards to the stipulations within the proposed STR ordinance 4224, the majority of the items within the ordinance appear to be almost reasonable. The one item that is most important to us is regarding the hosted mandate for STR's within Huntington Beach proper, referred to as zone 1. Why is Sunset Beach allowed to have unhosted STR's and the rest of Huntington Beach isn't allowed? What makes Sunset Beach considered so special that it is allowed this privilege? You may say that Sunset Beach has been grandfathered into this privilege, why then can't it be said that the operating unhosted STRA's in Huntington Beach also be gtandfathered into this privilegel? It doesn't seem fair that within the whole of the city of Huntington Beach that certain residents are given special privileges and the others are not allowed. You say this may change in the future but what is your proposed timeline for this change concerning unhosted STR's? We appreciate your fair and reasonable response. Sincerely, Pat and Shelly Love SUPPLEMENTAL COMMUNICATION McAN Deft: I! /UZ 26.2t7 A"bm v t Switzer, Donna From: Wendy Marshall <wendyeduc8s@gmail.com> Sent: Monday, November 16, 2020 8:29 AM To: supplementalcomm@surfcity-hb.org Subject: STRs in HB Dear Council Members, Thank you for your consideration of short-term rentals. I am a homeowner downtown and, admittedly naively, started to AirBnb my home, after a divorce that left my 4-bedroom house occupied by only myself 30%of the time. To help support my kiddos, this was a good fit. I LOVED it! I went to the local restaurants and liquor stores and got their menus,etc., and connected guests to all of the happenings here in HB. 1 decorated for birthdays, graduations, honeymoons and really extended a warm HB welcome to all who came- and many came back several times. I spoke with all of my neighbors to make sure they were OK with it and told them to let me know if they ever had any problems with anything. I had a 4.9 rating and was a superhost. 1 had- and enforced- strict rules and was always home when guests were here. With COVID, 1 shut down. I wasn't "in business" all that long but was already envisioning how continuing would open up opportunities for my son in terms of what I could afford for college. I have not continued to rent but would like to do so pending a favorable outcome. I can attest to the fact that my guests contributed to the local economy and if how they left the rooms they used is an indicator of how they treated the environment- the beach was probably CLEANER than they found it. 1 realize we are all coming back from a rough time with COVID- hotels, retails, and restaurants in particular- but opening our doors to visitors while maintaining STRICT safety standards and house rules, will help stimulate the economy (I don't have a kitchen for guests... so restaurants, here they come!!!) in a way that keeps interaction/spreading to a minimum. Thank you again for your consideration. W. Marshall SUPPLEMENTAL COMMUNICATION Agenda item No,J 2Z) t Switzer, Donna From: Steve Nguyen <steve.surtcity@gmail.com> COMMUNICATION Sent: Monday, November 16, 2020 12:50 PM To: supplementalcomm@surfcity-hb.org Mesllrq Deb: Subject: 2020-11-16 Council Meeting, Item 18 / \ Ap nde lbm No., Hello HB City Council, 1 have been a resident of Huntington Beach for 42 years. I have 15+ years experience as a local landlord and some experience with short-term rentals. 1 believe the current policy on STR rentals are not effective in resolving perceived issues with STR, and I would like to see the policy updated for a few reasons: ' Encourage tourism ' Provide supplemental income to local residents • Collect millions in Transient Occupancy Tax • Enhance the City's ability to effectively manage potential nuisance issues SHORT-TERM RENTALS ARE ALREADY PART OF OUR COMMUNITY ' The modem way people travel and the choices people make have outpaced the City's policy on rentals. STR have existed in HB since the 1950s. • The current policy on STR do not work and do not address the concerns residences have. NUISANCE HOMES ARE A CONCERN ' Nuisance homes are a problem, and no one wants to live near one. They exist in all types of homes- owner- occupied, longterm renters, and short term renters. There is no data that shows this is a legitimate issue with short term rentals. I will hypothesize that they are more prevalent in long-term rentals than STR because STR are more actively managed. MAINTAINING THE LOOK AND FEEL OF NEIGHBORHOODS • Owners and hosts have the same incentives as other residents in maintaining a nice neighborhood and pleasant living environment. ENCOURAGE TOURISM: • Encourage tourism • Visitors contribute greatly to the local economy. Drives tourism dollars to the local community • Visitors will stay outside of H.B. if they don't have lower-cost option • STR hosts become ambassadors for HB • California Coastal Commission (CCC)went on record in support of sensible short-term vacation rental policies, convinced that home sharing provides a more a affordable way for many travelers, including groups and families, to visit expensive beach communities. • This has limited impact on the hotel industry. • Hotels and STR can co-exist. People chose the type of stay based on what type of visit they're looking for. STR should collected TOT just like hotels. Hotel cost structure is different than a small residential home. STR cannot be directly compared to hotels due to the different zoning and business licensing requirements. STR are residential, and need to be regulated like a long-term rental (ADA rules apply). Steve Switzer, Donna From: Nicole Stuntz <nicole@seastromlaw.com> SUPPLEMENTAL Sent: Sunday, November 15, 2020 7:28 PM COMMUNICATION To: supplementalcomm@surfcity-hb.org Subject: Short Term Rental Meetk,g Dote: 11 lLO/.202C) Dear Elected Representative: Aged tbm No.; Zr7 1 am a Huntington Beach homeowner, taxpayer, and voter. My neighbors and I strongly oppose allowing "short term" rentals in Huntington Beach. I speak from personal experience that "short term" rentals will ruin our neighborhoods. I live on a quiet, close-knit street, with very little traffic (5-6 cars per day, probably). We specifically bought this house as a place to raise our son, who is now 1 year old. Our neighbors are a mixture of younger families (like us) and older couples, many of whom have lived on this street for more than 45 years and raised their own families here. Children ride their bikes in the street, everyone knows everyone, and we all look out for each other. It is the perfect, safe, idyllic place to raise a family. Then, an out-of-town cash investor bought the house directly across the street from us. To convince the prior elderly owners to sell to them, INVESTORS claimed to be from "up north," moving here to retire. Turns out that was a complete lie. INVESTORS live in Fountain Valley, and routinely gobble up residential property to convert to commercial use for their own profit. These INVESTORS have recently acquired additional Huntington Beach residential properties and, upon information and belief, did so in anticipation that HB would soon legalize"short term" rentals,which these INVESTORS operate for profit in other cities in which they do not reside. We discovered the truth last year, when our Christmas holiday was interrupted by MULTIPLE PARTY BUSES coming and going at all hours, on our formerly quiet residential street. We did some searching, and found that the property (a 4 bedroom single family home at the corner of Slater and Goldenwest) was listed on AirBNB as suitable for 12 guests, "perfect for big groups!" and "very close to Disneyland." INVESTORS even touted our "Safe and quiet neighborhood!" — just disgusting, trying to turn our formerly quiet neighborhood into some sort of theme park for INVESTORS' own profit —destroying our neighborhood in the process. The AirBNB listing picture was just the American flag, and the "guests" (victims)were people from outside of the USA who were unaware that Huntington Beach is in no way "very close"to Disneyland. Shocker: the same INVESTORS who had no concern about ruining our quiet neighborhood for their own profit also had no concern about taking advantage of people for their own profit. Thankfully, with city assistance, a very vocal and large nearly unanimous group of neighbors were able to have this illegal "short term" rental shut down. The INVESTORS hid from city inspectors, but the inspectors were able to speak to the short term tenants and post notices. The INVESTORS were scared off, their illegal activity stopped, and our neighborhood returned to a quiet normal residential street. We are aware of at least 5 residential properties these same INVESTORS have purchased, removed from residential inventory, and are either currently operating as commercial business or are holding for commercial opportunities (addresses/deeds available on request): 1. Orange single family home, which INVESTORS purchased and converted to a full time AirBNB. I have personally driven there and spoken to the neighbors, who are devastated at what has happened to their formerly quiet residential neighborhood. This was a community of single family residential homes, much like mine. Now, the homeowners told me that they have new "neighbors" every day or two, with people and cars constantly coming and going at all hours, constant noise of people loading/unloading, constant 1 slamming car doors, constant slamming car trunks, constant yelling and noise, etc. Its like living in a hotel lobby. 2. Huntington Beach single family home, purchased for cash in 2019, which INVESTORS were illegally operating as an AirBNB until shut down by neighbors and the city. 3. Huntington Beach single family home, purchased in 2020, which INVESTORS are holding vacant, awaiting the Huntington Beach City Council vote regarding whether this can be operated as a short term rental. 4. Fountain Valley single family home, which INVESTORS converted to a group home. INVESTORS have repeatedly been cited for violations such as, failing to provide residents with adequate food. INVESTORS are collecting up to $24,000/mo. on this property. 5. Tustin single family home, which INVESTORS also converted to a group home, opened in the last 2 years. Again, INVESTORS are collecting tens of thousands of dollars per month on this property. It is so discouraging to learn that HB is now considering a vote to allow these out-of-town INVESTORS to resume commercial activities in our residential neighborhood, and to destroy our neighborhood. This appears to be driven, not by the needs of your constituents and our communities, but by unproven promises from out-of-town interests about money and tax revenue (an "estimated" $83M) that would supposedly be generated from "short term" rentals. • What is the plan for protecting my 12 month old son from the revolving door of new short term "neighbors" (most of whom are from outside of the USA) that you are proposing for my family? Are you going to require background screening? Sex offender resignation?You want my 12 month old son to live in a perpetual hotel lobby. How are you going to keep him safe? Do you want your child living in a hotel lobby? AS GOD AS MY WITNESS, IF SOMETHING HAPPENS TO MY SON, I WILL SPEND EVERY DAY FOR THE REST OF MY LIFE PROTESTING OUTSIDE OF THE HOME OF EVERY COUNCIL MEMBER WHO VOTES FOR THIS WITH A SIGN THAT SAYS "[COUNCIL MEMBERI VOTED FOR A PERVERT TO LIVE NEXT TO MY TODDLER,WITH NO PROTECTIONS, I BEGGED [HIM/HERI NOT TO BUT[HE/SHE]WAS MOTIVATED BY PROFIT,AND MY TODDLER WAS MOLESTED AS A RESULT." I can afford not to work. I can afford to pay people to protest if you move, anywhere in the world, for the rest of your life. I will make it my mission. As god as my witness. • It is clear you have not considered the enforcement costs. Without any question, the house across the street from us will claim it is"owner occupied." It is not. It has been vacate for more than a year. The owners live in Fountain Valley. I can give you the address. Photos. Vehicle descriptions. License plates#s. (They park two of their three vehicles on the street there).The whole neighborhood knows this, and we all have the "Ring" doorbell footage to prove it. In the last week, there has been an effort to appear "occupied"—lights that go on and off on timers, people who come in the evening and cook dinner in the kitchen with the blinds open (and then leave). So, when me and all of my immediate neighbors start calling and emailing every day to report this short term rental that is not actually "owner occupied"—what resources does HB have set aside for that, to track down these con artists, and how much is that going to cost? • It is clear that you have not considered the amount that short term rentals will take away from the legitimate hospitality options in HB. There are a finite number of people looking for accommodations in HB at any given time. Opening up "short term" rentals does not mean more tourists—it means more empty hotel rooms. • We are in the middle of a housing crisis. Why are you reducing residential housing inventory, by allowing INVESTORS to gobble up residential housing, move it from the residential housing inventory, and turn it into commercial profit? I once asked our new INVESTOR "neighbor" if he would consider a residential tenant. He laughed in my face, and told he wouldn't "bother' with that.Apparently, who wants a modest profit as a 2 residential landlord when you can turn the property into a commercial windfall, and earn $24k+/mo. as a group home operator or (at $330/night "short term" rental rate) $10k+/mo. as a short term rental operator. Meanwhile, while this non-resident profiteer lines his own pocket with thousands of dollars each month, the actual residents of HB are asked to pay extra to build a homeless shelter on Beach Blvd. Bottom line: These out-of-town INVESTORS do not live here and do not (legally) vote here. They have no investment in our communities, and for their own profit will absolutely destroy our way of live and quality of life, if you let them. I vote here. My neighbors vote here. Religiously. We are actively awaiting and monitoring your vote on this issue. The most recent election may be over—but we are not going to forget this vote. If you turn our street into a hotel lobby, for the profit of out-of-town investors, you are going to hear about in the next election. Side with your constituents on this issue. Vote "NO" to short term rentals. Sincerely, Nicole G. Stuntz SEASTROM TUTTLE & MURPHY Newport Beach, CA (949)474-0800 3 Switzer, Donna From: Orange City STRs <orangecitystr@gmail.com> Sent: Sunday, November 15, 2020 10:04 PM To: supplementalcomm@surfcity-hb.org Subject: 11/16/20 Agenda Item #18 Madam Mayor Semeta and Honorable City of Huntington Beach Councilmembers. My name is Susan Tillou and I represent a Short Term Rental (STR) homeowners group in the City of Orange. I am writing on behalf of our group in support of Agenda Item #18 Growing up in the City of Orange, my ancestral home is still there I currently rent the home as a short term rental to pay bills and keep it in our family. In more normal times I travel a lot for work, so renting our home in a short term capacity allows me to still have access for family gatherings and holidays until I move back to the house permanently in the near future This scenario is quite common. The shared economy has descended upon our society quickly. bringing the good and the bad, as all change does We hope the City of Huntington Beach and the short term rental homeowners will continue to work collaboratively to draft an ordinance that works for both sides. Smart regulation encourages small businesses, needed now more than ever. Smart regulation also helps weed out the 'bad actors so the responsible small business homeowners can keep their family homes, help drive the local economy and peaceful neighborhood integration, all the while providing a new revenue stream to the city. The Orange STIR homeowners are aware of this meeting and we support the Huntington and Sunset Beach STIR stakeholders. Huntington Beach STIR Alliance. and the efforts of this Council Susan Tillou City of Orange Short Term Rental Homeowners Group Ora ngeCitySTR(a)gmaiI com SUPPLEMENTAL COMMUNICATION Alew*V Data: ll l I l"4 1.2 62 D Agenda Vw,tom: Z t Switzer, Donna From: Georgina Troxell <ar@troxellusa.com> Sent: Saturday, November 14, 2020 10:47 AM To: supplementalcomm@surfcity-hb.org Subject: Against -Short Term Rentals Regarding Short term Rentals- I'm against short term rentals less than 30 days. It causes many issues in neighborhoods and also makes for LESS long term rentals. Thank you, Georgina Troxell SUPPLEMENTAL COMMUNICATION VAW&V Da t Switzer, Donna From: Deb Vogel <debrvogel@gmail.com> Sent: Monday, November 16, 2020 10:21 AM To: supplementalcomm@surfcity-hb.org; supplementalcomm@surfcity-hb.org Subject: Fwd: Short term rentals in Huntington Beach and Sunset Beach Attachments: 17155 S. Pacific airbnb .pdf; ATT00001.htm; IMG_5837.jpg; ATT00002.htm; IMG_ 5825.jpg; ATT00003.htm; IMG_6094.jpg; ATT00004.htm SUPPLEMENTAL COMMUNICATION Sent from my Whone /I/lto/,262 0 Begin forwarded message: From: Deborah Vogel <debrvogel@gmail.com> Apr4a bm Date: November 16, 2020 at 10:06:01 AM PST To: //supplementalcommnsurfcity-hb.org Subject: Short term rentals in Huntington Beach and Sunset Beach Hello— My name is Deborah Cornwell. \1c parents live at 17151 South Pacific Ave in Sunset Beach. My parents are 86 and 87 years old and because of the pandemic have been isolating inside their home since mid March. Because of the age and infirmities 1 have become their sole caretaker and spend 4 days a week in their home. My mother Doris has Parkinson's and is mostly confined to a chair, from which she can see the beautiful sands of Sunset Beach and the Pacific Ocean. When my parents built their dream home in Sunset Beach in 2003 their neighbors were all longtime residents, with the exception of the house to their immediate south, which was on a year long lease. That idyllic life ended in 2017, when the neighbors at 17155 died and a new owner bought the property. The new owners never lived in the house and they converted it immediately into a high priced/short term rental, taking advantage of the provision in the Huntington Beach statutes that allows homes in Sunset Beach to be rented for as short as two days at a time. Paradoxically the home at 17155 was allowed to be grandfathered under this law, despite never having been a short term rental location prior. My parents' quality of life has dramatically suffered since this occured. The renters observe no boundaries and often park their cars in my parents' carport. The renters are unable or unwilling to follow the rules about trash and recycling, so trash cans are frequently overflowing and/or left on the street for several days. The renters often overload the home with many more occupants than is allowed. The renters do not understand the high density neighborhood they're staying in and do not adhere to the idea that the beach is closed at 1 Opm. This year renters have often been from states with alarming Covid-19 rates and they have not observed local safety precautions, sometimes sitting maskless 2 feet from my parent's front door. My mothers home occupational therapist has been appalled at the behaviors she's witnessed. The landlord has a property manager who I'm in almost constant contact with(please see attached string of text messages that I've collected since June) and he seems responsive, but the problems remain--overflowing trash cans in the streets, illegal parking and too high occupancy. I spend way too much time trying to appease my parents and solve the problem, but it's never ending. 1 don't really blame the renters--in their minds they're paying$1500 a night for the right to do whatever they want, but they fail to realize that their vacation is adversely impacting people's lives. Two weeks ago there were 30 people staying on the property and they'd put up t two camp tents to handle the overflow. Last week police roared up at 12:30am one morning to tell the renters (from Covid spiking Utah) to stop being so noisy at I2:30am. Other residents in our area must also be bothered by the renters at 17155 because my parents hadn't called the police. 1 understand that you intend to put in safeguards to help residents deal with the imposition and difficulties of living next to a high priced flophouse, but I've read them and it won't be enough. We've had all those in place the entire time and the experience been unpleasant at best. Maybe you'll have more success in Huntington. where you have a bit more room, but in sleepy little Sunset Beach, short terns rentals have been a scourge and are only of benefit to the unneighborly owners and Airbnb. Please consider rescinding the short term rental law in Sunset Beach and find another way to generate income in Huntington Beach. My parents quality of life has been dramatically reduced having to deal with inconsiderate renters and owner.The attached string of messages between me and the property manager since .tune illustrate the frustration and unrelenting problems we've experienced. I've attached pictures of the overcrowding at the house. along with a sampling of the trash indiscretions. I have additional pictures, as well as messages between the property owner and me from earlier. but I didn't want to inundate you. Thanks. Deborah Cornwell 17151 S. Pacific Ave Sunset Beach (626)2981716 Sent from my iPhone 2 Text exhanges between me and Neal, the property manager at 17155 S. Pacific. Photos of trash and overcrowding available if you want to see. 6/17120 Hey Neal It's Deb from next door at sunset beach FYI Bill Burke yelled at my 86 year old parents yesterday and accused me of taking out those 17 solar lights that were on my parents' property. Please advise him of the sequence of events, starting back in 2018 I'm sorry . I informed him that I moved the lights and that also recommended we take down the umbrella Great thanks so much. Maybe you can also recommend that he stop calling and yelling at the old people I will certainly try. I know he has been in pain lately but no excuse to lash out. Sorry about that experience.Any problems with the guests/house or if you need help with anything please let me know Thank you so much for your consideration We are all suffering On a positive note, my mother says her nighttime view is blissfully darker 6118120 Hi Deb-Neil here. Do you have a second to talk? Hey Neal I'm on a zoom rail now until 6:30 Can we talk first thing tomorrow? I'm up early then spending day working at my parents Absolutely! Text me when you want to talk I'm going to sneak a few more lights tomorrow off the sand I'll never tell 6/19 You available this AM to talk? Give me a couple of minutes I'm getting my mom bathed and dressed and then making lunch I'm done some of my chores and am available to talk if you want 6120 IMG_5036.HEIC IMG 5038.HEIC Hey Neal It's Deb I'm at South Pacific and your new tenant that arrived last night has been parked several feet over the property line and blocking our southern garage since arrival IMG_5036.HEIC Reaching out to them now-sorry about that Thanks 6/22 Hi Deb.Just fyi Robin and family will be at sunset July 2-6 to help avoid a party over the holiday. That's great Glad the faro can enjoy the house 815 Hi Neal It's Deb Vogel from Sunset Beach My dad tells me that within the last hour a lady in a black bathing suit moved 7-8 fantastic solar lights from the south side of Burke's property to over onto our property. He says it didn't look like one of this week's tenants and said he thought your renters weren't around at the time. He's unable to take pic to send me since he's 86 years old. Maybe someone from the other side is not a fan of the multitude of lights? I've been trying to the lights out of there. I'll call them now and have them remove the solar lights Thanks so much 817 Good morning There are now about 15 lights on our property—the same lady moved more this morning IMG_5344.HEIC IMG 5342.HEIC Also the renters parked a second car over the line last night and are still there I just got off the telephone with her. She's going to move the car up and take the lights down I guess if you're paying that rate you figure you can redecorate She should be taking them down shortly Thanks a lot 8n Hey Neal It would be nice if the dozen solar lamps that are as much as 15 feet over our property could be removed before nightfall. I'd do it myself but I don't want your boss to yell at my elderly parents again Hmm have they not?You have my permission to take them. I will deal with Bill The whole household is outside on sand so I'd rather not get into anything with them right now I asked her to remove them she seemed responsive. I'll reach out again 9/6 Hey Neal Greetings from hot Sunset Beach FYI, the renters are parked over our properly and the house to the south. My father pointed this out to the driver Friday night and he said it was ok, he wasn't going to stay there. He hasn't moved since Reaching out now Thanks so much 9111 Hey Neal My father tells me that your new renters have parked two SUVs over line. Plenty of parkway spaces and overnight parking on Coral Cay available.Why does no one understand there's only parking for one car7 Unbelievable..We have extremely clear instructions not to park there.We are going to put a sign up stating not to park beyond this point.. I just sent them a stem message and will tow the car if there is no response Thanks 10/7 Hey Neal FYI the city is doing pipe work today and the water all along Pacific is off until 3pm There was a notice on the doors the other day I hope you saw Wow that's very kind of you.Thank you for letting me know IMG_5824.HEIC That's a lot of people without toilets I counted 20 and 2 pup tents Yes that's totally unacceptable. We allow a maximum of 8 The 2 camp tents on the sand are a giveaway That is wild Sorry... I made it very clear to them this was unacceptable. They are removing the tents and a maximum of 10 are allowed there. Let me know if there are any more disruptions Thanks My old people thank you 10/8 Good morning Neal No outside squatters last night, but your renters put 2 trash cans out on the street last night(one can was out Tuesday night in front of our garage and I moved it to the side of the house) One can is apparently in front of our path now. Small, but continually irritating things anger my 87 year old parents who built their dream house 20 years ago never thinking it would be next to a high priced rooming house Maybe the trash cans can be kept in the garage and the renters explicitly told that they come out early Friday and early Monday. And if there are extra bags,don't pile them on top of cans because the auto trash truck is unable to pick that up when they fall into the street 10/9 IMG_5837.HEIC Morning This is not acceptable The trash man will not be able to pick this up They also jammed a bag into our already full trash this morning Yikes. I'll come over shortly and take that trash to a dumpster Maybe you can also chalk a line on our property so that your tenants understand where not to put cans and where not to park 10115 IMG_5888.HEIC The trash has been out since Tuesday night Our community as rules about trash cans being out all week You and your tenants are habitual offenders Please please please do better It's a quality of life issue and my parents'quality of life is being adversely impacted by your business 1 1/6 Hi Neal FYI your current tenants were very loud all night until after midnight when police arrived FYI my folks did not call cops,so other neighbors were impacted by your guests I'm checking the cameras now I'm told they were inside and loud so I don't know what you'll see except cops rolling up My mother even heard "the cops are coming!" We just increased the minimum nights to 5 nights It was a 3 night stay I'm sorry. I know that means nothing but I'm truly sorry "We are definitely aware of neighbors at any property including our own.We have never had any issues renting at any property while on Vacation.We will treat it as if our own." From 10/11 after I gave them a warning in advance I informed Veronica they will be evicted upon any further disturbance 1� ' . ` 1 / • ai �� ;� i t l r` ■! • � � 1 - 1 �� a " r � - - •� . . :� . L } r r �+ � 1 � ,.� �� �r:� � l "}�=' �/ �' '�- , � ��� ,� �� % '� . �� = ��� +� y, ' 1�� c . 1� �. r. '• � . I �r � S �`' ,';� t ;� � � 1 � -�. f _:_ �� Switzer, Donna From: GEORGE VOGEL <vogelgeorge@usa.net> Sent: Monday, November 16, 2020 11:56 AM To: supplementalcomm@surfcity-hb.org Subject: Short term rental ordinance comments submission As a home owner at 17151 S. Pacific Ave in Sunset Beach, I see the necessity to regulate short term rentals. The residence south of me was sold in 2017 where the previous tenant had lived for over 20 years. The current owner rents for as few as 2 days with as many as 12 people often out of state with disregard of covid19 protocols. The beach side has 24 permanent seats which seems to indicate large groups. I now live next to an expensive flop house. My dream retirement home has turned into a nightmare. Any positive action by the council will be appreciated. Respectfully, George Vogel (562)592-1138 SUPPLEMENTAL COMMUNICATION Vies" Deft: Agenda non No.' 1 .ZLS Z l t Switzer, Donna From: Greg Wagner cgbwags@gmail.com> Sent Sunday, November 15, 2020 10:53 PM To: supplementalcomm@surfcity-hb.org Subject Short term rentals 1 have read that the city council is considering regulating short-term rentals, which will, in effect, permit short- term rentals in Huntington Beach. I am writing to urge the city council to not pass any laws permitting short-term rentals, and to keep a ban on short-term rentals. Homes in Huntington Beach should be for residents only, and not for short-term visitors. Allowing rentals removes homes from the housing stock for regular people and drives up prices for those looking to purchase. If the city council feels compelled to deal with short-term rentals through regulation, which would be understandable since it seems that airbnb, etc., are already embedded in our society and are here to say. 1 would hope that the city allows short-term rentals only from people renting out their primary residence. Should businesses or individuals with multiple homes be allowed to offer short-term rentals, it - again - removes homes from the housing stock for regular people. Plus it turns areas zoned for single-family homes into hotels, which is not good for any neighborhood. Thank you. -Greg Wagner SUPPLEMENTAL COMMUNICATION Irleatlrp Dole: //�[ .2() _ Apeede Nim No.- I Switzer, Donna From: Fikes, Cathy Sent: Monday, November 16, 2020 10:44 AM SUPPLEMENTAL To: Agenda Alerts Subject: Short Term Rental Ordinance Modification SuggestiorCOMMUNICATION mewft oft: 11 u 1.&26 From: Louise W<loveswater@hotmail.com> Apn&ftm No'— Sent:Sunday, November 15, 2020 6:59 PM To: CITY COUNCIL<city.council@surfcity-hb.org>; Fikes, Cathy<CFikes@surfcity-hb.org> Subject:Short Term Rental Ordinance Modification Suggestion Madam Mayor and Council Members: I have thoroughly reviewed proposed Ordinance 4224 referencing Short Term Rentals (STRs). I will not belabor your time in fully explaining why I find a significant portion of the proposed Ordinance to be not only unfeasible, but also, if this version is accepted, there will also be a substantial opportunity lost for this wonderful City of Huntington Beach. If I could be heard, I would make the following recommendations: • Eliminate the references to two Zones and allow Sunset Beach and the City of Huntington Beach to host with the same regulations. This will not only simplify the Ordinance, but it will also streamline the license process and the code enforcement procedures. • Allow both "Host" and "Operator" managed STRs and do not restrict to a "Host" having to live in the same 'space' or on the same 'property' as the guests to our city. By enforcing an STR to have the owner reside in the home or on the property, will in my opinion, eliminate 90% of the STRs in the Huntington Beach area. I suspect the author(s) of the Ordinance are picturing homes like at waterfront Newport Beach and Sunset Beach wherein there is a home upstairs and a 'home' downstairs that can be used as a STIR. Or, there is a thought that there is a majority of STRs that are built above garages - both of these scenarios are false considerations. • Allow a Licensed Property Manager, one that will provide the City of Huntington Beach with all of the required information (completed stays, tax revenue, etc.) and definitely retain the requirement of a maximum of a one-hour response to any complaint. This practice has been very successful in Newport Beach and other similar cities that allow STRs. i If there is an objection to allowing an STIR that does not have the owner living in the same home or on the same property, then please consider: Defining the "Host" as: means a property owner why is an occupier of the property or is the occupier of an adjacent property at the time of.... I recommend this because there are many people that purchased an adjacent home, condominium, etc. with the intention of having the 'second' home for STIR usage and for 'overflow' for their own family and friends that visit wonderful Surf City. In summary, restricting the STRs to only people that live on premises (whether in the same building or on the same property), will drastically reduce the number of fantastic STRs that exist in the City of Huntington Beach ) and have been operating for years, if not over a decade, with no complaints (due to successful professional property management). The loss of these STRs will mean a loss of millions of dollars to the City of Huntington Beach, money spent on groceries, restaurants, gasoline, clothing, souvenirs, lessons, tours and yes, even beverages of all kinds. Not to mention, the potential tax revenue that would go directly to the City. Also, please understand, that the majority of potentially qualifying STRs would be the small apartments built onto garages and these cannot host a family, let alone more than 3-4 people. Allowing a STIR that is professionally managed or the owner lives adjacent to the home, will open the market to 2-3 bedroom homes that can host families visiting parents or grandparents, host siblings that get together with their families, host a group of people that are in the area for a funeral (number of people limited by the Ordinance), host families that are gathered to say their goodbyes to an ailing elder (true story), host families that had to escape their own home in Huntington Beach because of threats and paparazzi (true story), and especially, have these amazing homes available for people that have to find temporary homes while their own homes are being repaired for fire or water damage (many true stories). The proposed Ordinance 4224 is a good place to start; however, it is in definite need of common sense modification. In closing, I would suggest modifying the Ordinance per the above recommendations and allowing the STRs to operate for at least one year. At that time, it would be easy to collect the revenue data, the complaint data, etc. and determine, with facts, what will truly benefit and successfully work in the City of Huntington Beach. Thank you for your time and consideration Louise Wright 2 Switzer, Donna From: Pat Dawson <padawson@verizon.net> Sent: Monday, November 16, 2020 1:45 PM To: supplementalcomm@surfcity-hb.org Subject: short term rentals Counicl Mtg tonight Dear Council Members I am writing in regards to the council's consideration of short term rentals As a resident and homeowner in Huntington Beach I am opposed to this ordinance. as it would turn our city into more or a tourist/transient town and change the nature of life for residents and homeowners who Irve in their homes Living next door to a short term rental unit creates more of a party environment than a home environment While the city believes it will earn money in taxes, there are other consequences that change the character of our city Huntington Beach has already drastically increased the number of hotel rooms available for visitors with the relatively recent construction of downtown hotels Allowing these types of rentals also takes units off the market for people seeking housing and we are all well aware of the current housing issues I ask that the council take their time and analyze this issue from many perspectives before making a decision Thank you for your time and dedication to our city. Pat Dawson SUPPLEMENTAL COMMUNICATION Meeting Date:_ /I 11//D/Za-zo A9Or4G flirt[No.; W'x - )G)-7 t Switzer, Donna From: Pat Byers <bluegrasshb@icloud.com> Sent: Monday, November 16, 2020 1:45 PM To: supplementalcomm@surfcity-hb.org Subject: Agenda item u18, STIR Ordinance As a thirty year resident of downtown and operator of a home-hosted STIR, I am pleased the Council is addressing this issue. I think it is a good ordinance as far as it goes. However, by refusing to allow whole house STIRS except in Zone 2, the City will lose out on much needed revenue that could be gained by including whole house STIRS. There are several STIRS on my street and the street behind me. Mine is the only home-hosted STIR. Never has there been a problem that couldn't be solved by a polite word to the guests or owner/ property manager. ( As an aside, let me state that the guests in these houses have been far better neighbors than the full time renters had been and the neighborhood is much quieter now.). I know many citizens are concerned about noise and party houses but with proper regulation this can be eliminated. I know you're aware there are noise monitors that could be required for whole house STIRS. There is also a device on the market that can detect the presence of all phones on a property at any time.. The device does not record conversations or identify phone numbers but can be used to alert the owner/property manager if there are more guests within a house than allowed by the city ordinance. I respectfully ask that the Council include whole house STIRS in this ordinance. Not only will it benefit the City and merchants but will allow home owners the flexibility to use their property to suit their individual needs. Respectfully, Pat Byers 714-206-4453 Sent from my iPad SUPPLEMENTAL COMMUNICATION Mee" Date. I/ /l Lo .a 6_2 C) 4,Ma rem No.- l$ a2 t Switzer, Donna From: Bob Delmer <bobdelmer@hotmail.com> Sent: Monday, November 16, 2020 1:52 PM To: supplementalcomm@surfcity-hb.org Subject: In favor of STIR Hi We would like to give our support in favor of STIR regulation. We believe that STRs financially help our local community as much if not more than the local hotels and motels in Huntington Beach. In terms of our personal situation, it has been a lifesaver in helping us put our 2 kids through college and supporting our elderly parents. We go above and beyond to make our guests feel special about visiting Huntington Beach and all it has to offer. When our guests check out and we clean we see all the bags and boxes and receipts as evidence of all the money they have spent in our city. However, we strongly disagree with posting our private phone number in any public forum. Who knows what consequences this could lead to? Our guests have our number as do our neighbors. This seems very invasive. Thank you for all the effort that has been put into this issue as it affects many families, many tourists (who can't afford our hotels) and revenue that our city can certainly benefit from! Bob and Sue Delmer, and family SUPPLEMENTAL COMMUNICATION MeWV Dale: 1 ! / ,genc,a %m No., t Switzer, Donna From: Betty Elkins <bettyelkins2@gmail.com> Sant: Monday, November 16, 2020 2:01 PM To: supplementalcomm@surfcity-hb.org Subject Fwd: Delivery Status Notification (Failure) ---------- Forwarded message --------- From: Mail Delivery Subsystem <mailer-daemon a googlemail.com> Date: Mon, Nov 16, 2020 at 1:57 PM Subject: Delivery Status Notification(Failure) To: <bettyelkins2(a-),gmail.com> ED Address not found Your message wasn't delivered to supplementalcomm@aurfcity-bb.org because the domain aurfcity- hb^oru couldn't be found. Check for typos or unnecessary spaces and try again. The response was: DNS Error: 19085600 DNS type 'mx, lookup of aurfcity-hb.org responded with code NXDOMAIN Domain name not found: aurfcity-hb.org SUPPLEMENTAL ---------- Forwarded message ---------- COMMUNICATION From: Betty Elkins<bettyelkins2;a gmail.com> To: suoolementalcomm(daurfcity-hb.org Mee" Dfft: Cc: Bcc: Date: Mon, 16 Nov 2020 13:57:32 -0800 Apen<ta nem �. �� Subject: STR Ordinance #4224 Dear Council Members, t I have lived in Downtown HB for 38 _years and have seen man\, changes over the years. While I have never used my home as a short term rental. there are several short term rentals in my immediate neighborhood. I have never experienced any negative impact or change in the character of my neighborhood because of neighbors occasionally using their homes as a short term rental. The property owners and their guests are very considerate of their neighbors. In fact, most of the time the renters go unnoticed as they are not creating any disturbance or change in the neighborhood. Also, there is no impact on parking or increase in traffic as they usually have one car or no car at all as some uber from the airport. I think the Ordinance should include WI-IDLE HOME STR's NOW instead of delaying it for a future date. I don't see any logic to that thinking process. Several of the people I know take a vacation to someone else's home so they can experience a new location and environment while their home is rented. If they have to stay in their home as a host. there is little value in renting it at all. I think it's about time that the city has the homes registered and collect taxes and other fees...but you should not exclude WHOLE HOME rentals. Sincerely, Betty Elkins 2 Switzer, Donna From: mark@heil.us Sent: Monday, November 16, 2020 2:16 PM To: supplementalcomm@surfcity-hb.org Subject: Vacation Rentals Hello, As a downtown resident, I would like to voice my opinion that I am against changing the vacation rental regulations which are to be discussed at tonights meeting for the following reasons • Downtown parking is already hard to find for local residents, with homes already renting rooms out, families with multi vehicles, as well as the number of vehicles that apartment dwellers have • Vacation rentals are already allowed, and at times there are multiple vehicles in attendance. I once again urge the Council to leave the existing regulations in place and to start enforcing them. Best Regards, Mark Heil 405 19" Street Hunting Beach CA 92648 714-642-4528 SUPPLEMENTAL COMMUNICATION VaWV Date: J 11I Y Z 0 2 d o agenda Item No., t Switzer, Donna From: Estanislau, Robin Sent: Monday, November 16, 2020 9:50 PM To: Switzer, Donna Subject: FW: AirBnB/ My Comments on the STR Ordinance Attachments: GENERAL COMMENTS.pdf, SPECIFIC COMMENTS.pdf The attached documents should be included in tonight's record for STRs. From: Delgleize, Barbara <Barbara.Delgleize@surfcity-hb.org> Sent: Monday, November 16, 2020 9:42 PM To: Estanislau, Robin <Robin.Estanislau@surfcity-hb.org>; Fikes, Cathy<CFikes@surfcity-hb.org> Subject: Fwd: AirBnB/ My Comments on the STR Ordinance Here you go Barbara Delgleize City Council Member City of Huntington Beach Work 714.536.5553 Cell: 714.421.0103 Barbara.Del gieize(a,Surf1 itv-HB.or¢ 2000 Main Street. Huntington Beach, CA 92648 Begin forwarded message: From: Kim Kramer<kim(de-mailcom.com> Date: November 16, 2020 at 7:35:48 AM PST To: CITY COUNCIL <city.council dsurfcity-hb.org> Cc: "Chi,Oliver" <oliver.chi6i�surfcity-hb.org>, "Luna-Reynosa, Ursula" <ursula.luna- reynosa(a)surfcity-hb.org> Subject: AirBoB/My Comments on the STR Ordinance Hello City Council Members, cc Oliver Chi, Ursula Luna-Reynosa, Attached are my comments(two letters) for your consideration. Kim Kramer kim(de-mailcom.com t November 15. 2020 Dear City Council Members. cc Oliver Chi, Ursula Luna-Reynosa. GENERAL COMMENTS on the Short Term Vacation Rental Ordinance Thank you for the opportunity to address agenda item 20-1978 at Monday's City Council meeting. Below are my comments for your consideration DOWNTOWN DENSITY (ZONE 1 ONLY) With reference to the downtown area. would Council consider placing a limit of 100-200 feet between STRs and/or a 1006 cap on the number of STRs per block in order to reduce density? This would apply to the areas of Downtown outside the Coastal Zone. PILOT PROGRAM The success of this new program to regulate STRs depends on code enforcement, community compliance and community response to potential issues which may be pnknown at this time Would Council consider making this a one or two-year pilot program? IT'S A GOOD PLACE TO START (ZONE 1 ONLY) The new ordinance captures the most benion STRs which is about 10% of the total. Hopefully, if and when this program is deemed a success, Council can always increase these numbers, while conversely. going backwards is much more difficult.We understand that some people with STRs are impatient and want more. but we hope Council will stay with a conservative approach as outlined in the ordinance as 'hosted owner-occupied." It's a Good place to 5tarL NO AMNESTY Amnesty is most often associated with illegal immigration. yet there are similarities in providing a path to the legalization for STRs. We have no suggestions for Council other than to bring this to Council's attention and hope that Hosts or Operators with a previous history of long-term unresolved code enforcement issues will not be rewarded for their illegal and recalcitrant activity These operators are"bad actors"and only add to the many problems already associated with STRs. This is different than Section 5.120.030(F)(5) which addresses active or pending code enforcement issues. Respectfully submitted, Kim Kramer November 15, 2020 Dear City Council Members, cc Oliver Chi. Ursula Luna-Reynosa, SPECIFIC COMMENTS on the Short Term Vacation Rental Ordinance Thank you for the opportunity to address agenda item 20-1978 at Mondays City Council meeting Below are my comments for your consideration. SECTION 5.120.020(E) DEFINITIONS (ZONE 1 ONLY) Would Council consider adding language to the effect that the Host must be the property owner of record and the majority-share property owner of record for the last twelve months? This will help avoid "shenanigans" with ownership changes intended to bypass the intent of the Ordinance SECTION 5 120.040(J) STIR REGULATIONS As part of the proposed online public access. would Council consider posting the link(s) for each STR? This would assist the community in monitoring STR activity within their neighborhoods. SECTION 5 120.030 PERMIT REQUIRED Would Council consider requiring STR Advertisements to 1) adhere to the general principles of Truth in Advertising and 2) include the restrictions associated with the rental of STRs such as no consumption of alcohol nor use of illegal drugs, along with other restrictions outlined in this section? To advise potential guests up front might reduce problems further down the line. This would benefit all parties. the Host. Tenant and Community SECTION 5 120.070 ENFORCEMENT Would Council consider having the City be the exclusive assigner of User Names and Passwords for each STR In this way. the City would have greater control to monitor the activity of STRs and greater control to monitor compliance by all the various Platforms. Respectfully submitted. Kim Kramer Switzer, Donna From: Jo Ann Arvizu <jarvizu@socal.rr,com> Sent: Monday, November 16, 2020 6:26 PM To: supplementalcomm@surfcity-hb.org Subject: Fwd: Short Term Rentals This was not submitted even though I clicked on email address. Jo Ann Arvizu Sent from my iPhone Begin forwarded message: From: Jo Ann Arvizu <jarvizu cr socal.rr.com> Date: November 15, 2020 at 1 :51:39 P\l PST To: //supplementalcomm@surfcitNl-hb.org surfcity-hb.org Subject: Short Term Rentals I am against Short Term Rentals. In our neighborhood, residential zoned area, we have had AirBnb rentals. Even though they have been illegal in Huntington Beach, unless some neighbor is willing to file with the Code Enforcement Department, they go unnoticed. Who can possibly monitor and regulate this. No one. Last year a meeting was held and a survey was to be mailed out. \lost residents were not aware of this meeting. I called to ask if I could participate and 1 was told No, that they had enough people. I asked how the selection was made and was told it was random. I asked if I could observe, the person said no. Now that the city has figured this is financially beneficial (someone is) you want to pass and approve Short Term Rentals. Residential zoning is for families in homes: not for profit areas. The unknown people come into your neighborhood. The amount of'cars that park in front of our houses and the noise and trash created by people staying for short periods are not safe nor beneficial to us. the neighbors. Not Passing this gives more business and revenue to our local hotels/motels (and city) which are in areas zoned for businesses. I ask that you Vote No against short term rentals. Al and Jo Ann Arvizu 7141 Nimrod Drive Fluntington Beach, CA 92647 Sent from my iPhone t Switzer, Donna From: Louise Burke <louiseb3741@gmail.com> Sent: Monday, November 16, 2020 7:10 PM To: supplementalcomm@surfcity-hb.org Subject: Supplemental Comment- Short Term Rentals Dear Madam Mayor and City Council Members, My name is Louise Burke, and I would like to provide public comment in support of agenda item number 18 with regards to Short-Term Rentals. I first came to Huntington Beach with my partner on vacation from Ireland in 2017. We stayed in a short term rental with a local host where we had the most incredible experience as visitors in this city. As we had such a great stay we applied for working visas and relocated to Huntington Beach this year,we both now live and work in the city. Staying in a short term rental with a local host provided us with the opportunity to see Huntington Beach through the eyes of a local person. Our host acted as an ambassador for the city, promoting local businesses. During our stay the host provided numerous recommendations of local restaurants and shops in the area, this influenced us to spend our money locally, particularly at small businesses. I cannot speak highly enough of short-term rentals; they are an invaluable asset to any city.The opportunities that short-term rentals create cannot be overlooked, they increase tourism, promote local spending and boost the economy as a whole. I hope that the city council recognizes the value of short-term rentals and supports hosts as they continue to promote Huntington Beach. Many thanks, Louise t Switzer, Donna From: Ian Fletcher <ianfletch96@hotmail.co.uk> Sent: Tuesday, November 17, 2020 7:01 AM To: supplementalcomm@surfcity-hb.org Subject: Supplemental comment - Agenda item 18 Dear Madam Mayor and City Council members. My name is Ian Fletcher and I would like to provide public comment in support of agenda item number 18 with regards to short-term rentals. Three years aeo. my partner and I came to the United States on a vacation. We visited a number of cities in Calif'omia and among those, Huntington Beach. During that trip, we stayed in a short-terns rental in Huntington Beach with a local host. As a tourist, we cannot speak highly enough of the experience we had. We got the chance to immerse ourselves in Southern California life. we were shown all the go to spots by our host and above all. made friends for Tile. We loved the experience so much, we decided to come back to Huntington Beach to work on a short term, I year visa. We now rent an apartment, work, pay taxes, shop and dine in Huntington Beach. None of this would have happened to us without the short-term rental facility. For an area that prides itself on tourism we feel that STRs are critical to Huntington Beach and should be supported. Many thanks for taking the time to read my comment. Ian Fletcher t Switzer, Donna From: Deby Pierce <deby.pierce@gmail.com> Sent: Monday, November 16, 2020 5:00 PM To: supplementalcomm@surfcity-hb.org Please don't approve str. We bought houses here and they were not alloyed. Shouldn't change that for a selected few. You already can't enforce simple rules. Don't make it more complicated and say it's too name it easier. The majority of residents DO NOT want rho live by one of these. Thank you t Switzer, Donna From: Betty Elkins <1bettyelkins2@gmail.com> Sent: Monday, November 16, 2020 2:50 PM To: supplementalcomm@surfcity-hb.org Cc: Semeta, Lyn; Hardy, Jill; Delgleize, Barbara; Carr, Kim; Posey, Mike; Peterson, Erik; Brenden, Patrick Subject: STR Ordinance #4224 Dear Council Members. I have lived in Downtown HB for 38 years and have seen many changes over the years, including the transition from a quaint and quiet beach town to the current popular tourist town and vacation destination for people around the country as well as the world. Since the City has made this a tourist town. why not allow local homeowners to participate by providing quality and comfortable housing for those who want to experience the local lifestyle in a neighborhood instead of staying in a hotel? While 1 have never used my home as a vacation rental. there are several SIR's in my immediate neighborhood. I have never experienced any negative impact or change in the character of my neighborhood because of neighbors occasionally using their homes as a STR. The property owners and their guests are very considerate of their neighbors. In fact, most ofthe time the renters go unnoticed as they are not creating any disturbance or change in the neighborhood. Also, there is no impact on parking or increase in traffic as they usually have one car or no car as some people uber from the airport. I think the Ordinance should include WHOLE HOME STR's NOW instead of delaying it for a future date. 1 don't see any logic in that thinking process. Many of the people 1 know take a vacation to someone else's home so they can experience a new location and environment while their home is rented. If they have to stay in their home as a host, there is little value in renting it at all...and what potential renter wants a "supervised vacation"'? I think it's about time that the City has the homes registered and collects taxes and other fees...but you should include WHOLE HOME rentals in the beginning. Sincerely. Betty Elkins t To: Mayor Lyn Semeta, Mayor Pro Tern Jill Hardy and all Council Members From: James Brydon, 307 21" Street, Huntington Beach Re: Proposal for short term vacation rentals Dear Mayor and Council Members: We have lived in Huntington Beach since 1980. We have always loved HB because of it's strong neighborhoods and sense of community pride. We are very concerned that short term vacation rentals erode these best parts of HB. If it is the goal of the city council to promote strong neighborhoods and strong communities, then this proposal will do the opposite. These vacation rentals do nothing to improve the neighborhoods but will fracture them and lessen the community spirit of Huntington Beach. If there is a tax or fee benefit accrued from this activity, we believe it will quickly be offset by the increase in city costs for police services, parking enforcement and code enforcement. But the real loss to the city will be the character and sole of Huntington Beach. We urge you to reject the proposal for short term vacation rentals. Sincerely, James and Patricia Brydon Ir NECENED R404 AS MMJC PEca10.FM UNCI M ft i OF ii - /l- -a'e.�D CITY CLAW OFFICE POW EsrulstAu.CITY CLEW