Planning Board Minutes
December 14th, 2020
CALL TO ORDER 6:00 p.m
INVOCATION Mr. Rizzotti gave the invocation.
FLAG SALUTE Ms. Hadian led the flag salute.
ANNOUNCEMENTS
HEARINGS
1. Project No.
20-0005504| Zone
Text Amendment |
Resolution
None.
PROJECT DESCRIPTION:
A proposed Zone Text Amendment to amend Title 10, Chapter 1(Zoning), in order to amend the zoning definitions and to amend the R -1 and R -1-H Single Family Residential Zone Land Use Table and the R-2, R-3 and R-4 Multiple Family Residential Land Use Table to Allow Short-Term Rentals.
ROLL CALL
Present- - - - Planning Board Members : Chair, Gracye Liu ; Vice Chair, Nazafarian Hadian; and Board Members, Christopher Rizzotti; Matt Gamboa and Apraham Atteukenian
Absent- - - - None.
Also Present- Assistant City Attorney, Iain MacMillian ; Assistant Community Development Director, Fred Ramirez ; Deputy City Planner, Scott Plambaeck ; Administrative Officer, Karen Pan;
Administrative Analyst I, Nick Burant ; Assistant Community Development Director of Building and Safety, Ron Takiguchi; Building and Safety Manager, Carol -Ann Coates; Associate Planner, Shipra Rajesh and Planning Clerk, Natalie Amela.
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Meeting Disclosures:
Mr. Rizzotti expressed that several members of the community reached out to him to inquiry about Short – Term Rentals and he informed them to view the Planning Board meeting.
Notices given:
Mr. Ramirez confirmed that notices as required by law have been given.
Staff Report:
Karen Pan, Administrative Officer and Nick Burant,
Administrative Analyst I, presented this item to the Board.
Public Comments:
Mitchell Sergeant, Resident, expressed the following: due to COVID – 19 he was laid off and relies on the income from their short-term rental; being a host has been a great experience; and he hopes the City will consider allowing short-term rentals.
Diane Pandolfini, Resident, expressed the following: operating as a short-term rental has been extremely helpful during COVID – 19; they understand the need for regulation; neighbors are aware her residence is used as a short -term rental; and they are opposed to the cap on the number of stay allowed per stay.
Jana Przebieda; Resident; expressed the following: they are sympathetic to the current situations that COVID -19 has put residents in; there is a short -term rental in their neighborhood that has caused man y disturbances for other neighbors; they believe homeowners should not rent to the same person fo r more than 120 days; and their jobs have also been effected by COVID-19 but they believe in keeping the integrity of the single- family neighborhoods.
Jay Geisenheimer, Resident, expressed the following: for the City to continue their research and community outreach
regarding short-term rentals.
Ed Sanchez, Resident and President of the Burbank
Association of Realtors, expressed the following: it is the associations duty to preserve the rights of Burbank
homeowners; the association has no official position of this matter; and they propose that this topic be postponed until the ATTACHMENT 4 - 2
new year to allow for the community to be more informed and provide adequate feedback.
John Gerro, Resident, expressed the following concerns: street parking will become more challenging; the limit on permits issued will no t insure that unlicensed activities on residential properties will not take place; additional revenue to the City does not justify this use; they believe short -term rentals will change the characteristic o f the single-family residential zone; and residents in apartment complexes were disturbed by short- term rentals because it disrupts the stability of occupation.
Tamala Takahashi, Resident, expressed the following: supports general and fair regulations of short-term rentals in the City; per the staff repo rt, the 450 -500 current residences operating as short-term rentals would not be in compliance; how will regulations be enforced, especially in the beginning; more clarity on the property owner on site regulation while operating a short-term rental; and property owner income clarification.
Danny Rood, Resident, expressed the following: regulations for short-term rentals are necessary; the City might want to postpone allowing short -term rentals until post -COVID; and against the cap on the number of a days property owners can rent their homes.
Alisa Cunningham, Resident, expressed the following: opposes the proposed Zone Text Amendment to allow short -term
rentals; per the community outreach, protecting single – family neighborhoods and making enforcement a priority were of top importance for residents; approving short-term rentals is not needed to achieve these two objectives; and proposes that the City enforce the current code which considers short -term rentals an unpermitted commercial activity in reside ntially zoned districts.
Catherine James, Resident, expressed the following: thanked Staff for the ir service this year; opposes the zone text amendment to allow short-term rentals; wishes to preserve the integrity of the single – family neighborhoods in the City; believes there are several other cities suitable for short -term rentals; and short-term rentals pose a threat to public safety and public health.
Michael Hastings, Resident, expressed the following: thanked Staff for their work regarding short-term rentals; the City should ATTACHMENT 4 - 3
postpone the Zone Text Amendment for short -term rentals during the COVID -19 pandemic; how will this Zone Text
Amendment help with enforcement of current and new short - term rentals; the City has several hotels and motels; and for City staff to preserve the integrity of the single – family residences.
Staff Response to Public Comment:
Ms. Pan clarified the following: staff conducted study sessions with City Council back in June 2020; performed two community workshops in July 2020 ; spoke with the Planning Board ; promoted information of short -term rentals on the City’s social media account and website; surveys were conducted; there will be a 90 day period after adoption of the ordinance where prior short-term rentals can obtain licenses, follow protocol, and ask questions to staff; the City will use a third-party vendor to aid with enforcement ; the third – party vendor has the ability to identify short-term rentals that will help Staff with outreach; the City will utilize an existing tier system when it comes to licensing fees; the total amount a host can make per year at $130.00 per day for 120 is roughly $16,000; staff researched neighboring cities on their regulations on short -term rentals and their response to COVID-19; the City will require hots to abide by the Good Neighbor Policy when it comes to short-term rentals; and hosts or hosting platform s must inform all guest s of City regulations of short-term rentals.
Mr. Burant clarified the following: the third -party vendor uses analytical and algorithmic capabilities that can view short -term rental websites to identify rentals in the City to create a database; and this vendor allows short-term rental property owners to receive notices to follow regulation.
Board/Staff Q&A:
Mr. Rizzotti inquired the following: would short -term rentals be considered a billion-dollar industry; how will the City ensure that short-term rentals are following regulations when current short- term rentals are not; will the hosting platforms give the City partner profits; and how will the City regulate hosting platforms from circumventing the City;
Ms. Pan clarified the following: they would consider the short - term rental business as a billion -dollar industry; the ordinance is proposing a 900-license cap therefore lessening the impact of short-term rentals; and the new ordinance has requirements for hosting platforms to provide specific information to the City when they remit their Transit Occupancy Tax reporting.
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Mr. Burant clarified the following: with the proposed ordinance hosting platforms will be required to undertake the same financial reporting as the hotels in the City; and the City is confident in the third -party vendor’s software to help with regulation.
Mr. Atteukenian inquired the following: how will the City enforce short-term rentals; has the City conducted a study on the cost of enforcement of short-term rentals; and what was the reason behind limiting the amount of issued permits to 900.
Mr. Takiguchi clarified the following: according to the proposed ordinance the host of the short -term rental is required to follow all regulations; if regulations are not followed the host is subject to fines; the third -party vendor will aid in enforcement ; and a code enforcement officer from the City will be dedicated solely to the purpose of short-term rental enforcement, which include weekends and evenings.
Ms. Pan clarified the following: the City ha s learned from surrounding cities the importance of having a third-party vendor to aid in enforcement policies; staff has been working with the City’s police department to establish an enforcement
procedure; the third-party vendor is able to locate any prior and new listings of short-term rentals in the City daily; and based on surrounding cities and the current number of short-term rentals in Burbank, Staff decided a limit of 900 licenses would create a sustainable framework for short-term rentals in the City.
Mr. Gamboa inquired the following: what occurs when the City reaches more than 900 potential short -term rental licenses; is obtaining a license a first come first serve situation; how are enforcement fines collected from short -term rentals ; has t he City communicated with hosting platforms as to why they are allowing short -term rentals in Burbank on their hosting sites ; and if this ordinance is adopted, when does it become effective.
Ms. Pan clarified the following: once the City reaches the 900 permits, they will decline to issue permits and will inform residents that they cannot obtain a permit at this time; hosting platforms are aware of the proposed ordinance’s regulations for allowing short -term rentals in the City; and if the proposed ordinance is adopted by the Planning Board and City Council, the ordinance is effective thirty-one day s after adoption and ATTACHMENT 4 - 5
there would be a ninety day compliance period for current short- term rentals.
Mr. Ramirez clarified the following: the 900 licenses is the maximum in the City and if short -term rentals continue to operate without a license they will be in violation of the proposed regulations and enforcement will be followed; and yes it is a first come first service situation when obtaining a license.
Mr. Burant clarified the following: the City does not expect to reach the 900 permit threshold for years based off the current level of short-term rentals in the City.
Mr. Takiguchi clarified the following: the proposed ordinance has daily penalty fines for noncompliant short-term rentals; staff is working with the City Attorney’s Office for prosecution concerns; and licenses will be suspended for short-term rentals that are not following enforcement protocol.
Mr. MacMillian clarified the following enforcement concerns brought upon Mr. Atteukenian prior: short -term rental owners are able to appeal enforcement fines but if the appeal is denied the City is able to work with collection agencies to obtain the fine and the City is able to asses a lien against the property.
Ms. Hadian inquired the following: land – use concerns for short-term rentals according to Exhibit A -9; what are the reasons short -term rentals are prohibited on dueling units according to Exhibit A-15; are inspections of short-term rentals completed before permit issuance; and does enforcement start at the date of violation or when short-term rentals are posted on hosting platforms.
Ms. Pan clarified the following: the zones mentioned on Exhibit A-9 are allowed to have short -term rentals; the application process will be online where property owners will upload pictures of their short -term rental to ensure they are in compliance; a third-party vendor will review online applications prior to ow ners obtaining a license; once a permit is issued, property owners must list their business license number on platforms they use to rent out the short -term rental; if property owners use a hosting platform, the hosting platform is required to remit their Transit Occupancy Tax ; if the property owner chooses to use their own website, the owner is required to remit their Transit Occupancy Tax to the City ; rentals operating without a license will be contacted by the City to inform them ATTACHMENT 4 - 6
of the proposed regulations and will be issued a violation ; and if a rental property is still in the ninety day compliance period , the City will contact the host to inform them but a violation will not be issued.
Mr. Burant clarified the following: short -term r entals are prohibited on dueling units based off prior Council concerns regarding Accessory Dwelling Units and Junior Accessory Dwelling Units.
Mr. Rizzotti inquired the following: can the City enforce the current code that prohibits short-term rentals in the City.
Mr. Takiguchi clarified the following: the City receives few short- term rental complaints; according to the survey conducted by Staff, not many neighbors were even aware that there were short-term rental operations in their neighborhood; enforcement investigations were difficult due to the fact that short -term rentals listings did not provide exact addresses; the third – party vendor is able to provide the City with exact addresses of short- term rentals; and the proposed ordinance all ows for extra enforcement in the evenings and weekends.
Mr. Atteukenian inquired the following: how long has the City known about the third-party vendor; and how long has the third- party vendor been in business
Ms. Pan clarified the following: Staff was directed by Council to research short -term rentals back in 2019 to early 202 0; and when Staff conducted research with surrounding cities, they found the importance of a third-party vendor.
Mr. Burant clarified the following: the third-party vendor has been in business since 2012.
Ms. Hadian inquired the following: why is the maximum
number of guests sixteen for a short-term rental
Mr. Burant clarified the following: the sixteen-guest maximum is from current Airbnb regulations; the sixteen guest cap includes all guests that are occupying the short-term rental even if they are not staying there; and the City proposes two guest per bedroom plus an additional two guests.
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Mr. Rizzotti inquired the following: could a resident lease out their property for thirty days; and could a resident rent out a bedroom of their house.
Staff clarified that a property owner can lease their property out for thirty days or rent out a bedroom of their house.
Ms. Liu inquired the following: has Staff conducted an RFP with the proposed third-party vendor; based on the fiscal impact when does Staff expect to breakeven; and is it possible for Staff to conduct another community meeting to receive more input.
Ms. Pan clarified the following: for the past year Staff has conducted research on seven companies that specialize in this industry; and Staff has requested quotes and met with all seven companies to inquiry further information on their services; Staff’s recommended vendor follows the City’s bidding requirements and process; and Staff is anticipating to breakeven within the first year with additional revenue as well; and yes it is possible to conduct another community meeting.
Deliberation:
Ms. Hadian could support the proposed ordinance based of the findings from Staff with additional recommendations for Staff.
Mr. Rizzotti could not support the proposed ordinance based off compromising the integrity of the single – family neighborhoods in the City.
Mr. Gamboa could not support the proposed ordinance
because the ordinance will affect the zoning of the City.
Mr. Atteukenian could not support the proposed ordinance because the cost of enforcement, no property owner on site, changing of the single -family neighborhoods and the potential issues short-term rentals will cause in the City.
Ms. Liu could support the proposed ordinance if there is more community input on the proposed regulations for short -term rentals.
Mr. Rizzotti made a motion to declined staff’s recommendation for a resolution of the Planning Board of the City of Burbank recommending City Council adopt a ordinance of the City Council of the City of Burbank amending the zoning definitions in section 10-1-203 and the land use tables for R -1, R-1-H, R- 2,R-3 and R-4 as noted in sections 10-1-602 and 10-1-627 and ATTACHMENT 4 - 8
adding Article 28 to Chapter 4 of Title 3, of the Burbank Municipal Co de to allow short -term rentals as a business license. Seconded by Ms. Liu, carried by a vote 3-2.
Ms. Hadian made a motion to direct staff to bring back the proposed resolution of the Planning Board of the City of Burbank recommending City Council adopt an ordinance of the City Council of the City of Burbank amending the zoning definitions in section 10-1-203 and the land use tables for R -1, R-1-H, R-2,R-3 and R-4 as noted in sections 10-1-602 and 10- 1-627 and adding Article 28 to Chapter 4 of Title 3, of the Burbank Municipal Code to allow short -term rentals as a business license with the recommended conditions, to conduct additional community meeting s, a new survey to be sent to residents, a defined cost analysis, and a clarification on the 900 license cap. Seconded by Ms. Liu, carried by a vote 4-1.
ORAL
COMMUNICATIONS
REPORTS
Nick Shultz, Council Member, expressed the following:
thanked the Planning Board members and staff for their
service to the community; and thanked the community for calling in and expressing their comments and concerns.
None.
APPROVAL OF
MINUTES
Ms. Hadian made a motion to approve the minutes of
October 12th, seconded by Ms. Liu. Carried by a vote, 5-0.
ITEMS FROM THE
PLANNING BOARD
Mr. Rizzotti would like staff to conduct a report regarding the enforcement of short-term rentals.
Mr. Atteukenian would like to see how previous short -term rentals complaints were handled and/or resolved by City staff.
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CITY PLANNER
COMMENTS
ADJOURNMENT
TO THE
PLANNING
BOARD MEETING
OF JANUARY 11TH
2021
Mr. Ramirez expressed the following: thanked the Board for their input and deliberation; wished the board a Happy Holidays; and informed the board that the City’s Housing Element, and two specific plans will be coming before the Board in the near future.
Respectfully Submitted,
Secretary of the Planning Board
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