Planning Board Minutes
August 23rd 2021
CALL TO ORDER 6:02 p.m.
INVOCATION Mr. Gamboa gave the invocation.
FLAG SALUTE Mr. Rizzotti led the flag salute.
ANNOUNCEMENTS
HEARINGS
1. Project
No.20-
0005504 |
Zone Text
Amendment
to amend the
Zoning
Definitions,
R-1 and R-1-
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-4 and R-4 Multiple Residential Land Use Table to Allow Short-Term Rentals.
Meeting Disclosures:
ROLL CALL
Present- - - - Planning Board Members : Chair Matt Gamboa and Board Members, Christopher Rizzotti , Robert Monaco and Tammy Heiner
Absent- - - - Board Member Atteukenian
Also Present- Assistant City Attorney, Iain MacMillian; Assistant Community Development Director, Fred Ramirez ; Deputy City Planner, Scott Plambaeck ; Administrative Officer, Karen Pan,
Administrative Analyst, Nick Burant , Assistant Community Development Director of Building and Safety, Ron Takiguchi, Code Enforcement Manager, Collin Ogle, Building Manager, Carol-Ann Coates, Police Lieutenant, JJ Puglisi and Planning Clerk, Natalie Amela.
Attachment 7
ATTACHMENT 7 - 1
H Single
Family
Residential
Zone Land
Use Table
and the R-3
and R-4
Multiple
Family
Residential
Land Use
Table to
Allow Short-
Term Rentals
| Resolution
Mr. Rizzotti informed the Board that many residents reached out to him regarding this item, and he informed them that they will hear his deliberation during the scheduled Planning Board meeting.
Notices Given:
Mr. Ramirez confirmed that the notices as required by law have been given.
Staff Report:
Ms. Pan and Mr. Burant presented this item to the Board.
Public Comment:
Jonah, Resident, expressed the following: a ban on short -term rentals is the most effective way to stop the potential issues; housing needs to be protected not converted into short -term rentals ; neighborhood character needs to be protected ; and if the City does not purs ue to ban the recommendation then to strengthen the language around the short-term rentals regulations.
Jay, Resident, expressed the following: does not agree with banning the use of short-term rentals in the City, the 120-day cap, having the host stay on site, and the one-hour response time to complaints.
Tamala, Resident, inquired the following: what is the phase in schedule for this ordinance ; how will the current short -term rentals be informed and enforced with the new ordinance; how will the 120- days be monitored ; and does this ordinance apply to condos and multi-plex’s as well.
Marvalay, Resident, expressed the following: the short-term rental ordinance should be placed on hold until the impacts of SB 35, SB9 and SB10 are discussed, and short -term rentals will affect R -1 neighborhoods.
Jonah, Resident, expressed the following: wants to know how enforcement will be monitored and how parking regulations will be addressed.
Kim, Resident, expressed the following: is a current short-term rental host; does not agree with the 120-day cap or the one-hour response time; and has checked with neighbors prior to operating a short-term rental.
Alisa Cunningham, Resident, expressed the following: short -term rentals should only be allowed with th e owner on site and how will the regulations be enforced.
ATTACHMENT 7 - 2
Laura, Resident, expressed the following: opposed to short -term rentals in the Rancho District due to traffic and safety.
Response to Public Comment:
Mr. Burant clarified the following: staff is working alongside their contractor to coordinate a phase in schedule that could take 3 -4 months prior to enforcement ; the contractor is able to monitor th e 120-day cap; and the ordinance will be enforced for con dos if their CC&R’s allow short-term rentals.
Ms. Pan clarified the following: SB35 is a separate topic from short- term rentals and will be discussed at Council; short-term rentals have been operating for the past ten years by neighboring cities and the City of Burbank has included their experiences with short -term rentals to be addressed in the proposed ordinance; and this short - term rental program only allows Burbank residents to participate.
Mr. Takiguchi clarified the following: during his time with the City of Santa Monica it was difficult to enforce a hosted – stay for a short- term rental; registering for a short-term rental in the City of Burbank would require the homeowner to state if they are going to have hosted or un -hosted stays; and obtaining a business license for a short-term rental will include all the ordinance requirements.
Mr. Ogle clarified the following: code enforcement reacts to complaints received about short-term rentals; the current issue with handling complaints about short -term rentals is identifying those properties; and this proposed ordinance will help identify sho rt-term rental addresses to better handle complaints.
Board Q&A:
Mr. Rizzotti inquired the following: how many accounts and employees does HDL have.
Mr. George, Representative from HDL, clarified the following: HDL is currently managing roughly 3,000 short-term rental accounts across 14 different clients and there are currently seven employees dedicated to short-term rentals.
Mr. Monaco inquired the following: is there a minimum stay allowed in short-term rentals.
Mr. Burant clarified the follo wing: a short -term rental is any stay of thirty days or less.
ATTACHMENT 7 - 3
Ms. Heiner inquired the following: how many of the illegally operated short-term rentals are ADUs; what is the City’s solution if this program does not meet revenue expectations in the future ; have other cities put this type of resolution on their ballots instead of being voted by their Council.
Mr. Burant clarified the following: staff does not have an exact number of how many short-term rentals are ADUs but will investigate it further.
Ms. P an clarified the following: The City will be monitoring the eligibility requirement s on an ongoing basis and will address the program cost during the fiscal year budget process. Neighboring cities have changed their short-term rental ordinance throughout the years based on new information about eligibility requirements, number of new business licenses, and COVID-related scenarios.
Mr. Gamboa inquired the following: how does the City manage permit submittals; is there a nightly tax for each vis it; what are the parking requirements; what is the City’s experience in enforcing the short-term rental platforms; and how come the City did not have the hosting platforms de -list short -term rental properties that were located in the City.
Ms. Pan clarified the following: the business licensing division will be monitoring the inflow of permits with software from HDL that aids in verifying complete applications at a first come first serve basis; once the City reaches the 600-permit limit, they will stop issuing business licenses; the hosting platforms have been cooperative during this process.
Mr. Burant clarified the following: a nightly tax is included in the TOT; for a one-bedroom short-term rental the property would need one on- site parking space and for two or more bedrooms the property would need two on-site parking spaces.
Mr. MacMillan clarified that the City would assess fines to hosting platforms if they continued to list an operator that was in violation of the City’s ordinance.
Mr. Ogle clarified that the hosting platforms do not list the exact property addresses of these short -term rentals making it difficult to have them be removed.
Deliberation:
ATTACHMENT 7 - 4
Mr. Rizzotti cannot support the resolution based on the effects that short-term rentals will have on Burbank neighborhoods.
Ms. Heiner could not support the resolution based off experiences from other neighboring cities when dealing with short-term rentals.
Mr. Monaco could not support the resolution based of f the potential enforcement difficulties.
Mr. Gamboa could not support the resolution based off potential problems that could arise with short-term rentals.
Mr. Rizzotti made a motion to explicitly ban short -term rentals with the associated penalties. Seconded by Mr. Monaco, carried by a vote 4-0. Motion passes.
REPORTS None.
ORAL
COMMUNICATIONS
Jonah, Resident, expressed the following: thanked the board and staff for their time and effort and to continue to enforce current short-term rentals.
Teresa, Resident, expressed the following: there are
responsible short -term rental hosts and the sup plemental income from their short-term rentals is essential.
Rene, Resident, expressed the following: thanked the board for their input on behalf of the residents.
APPROVAL OF
MINUTES
Mr. Rizzotti made a motion to approve the minutes of August 9th, 2021. Seconded by Ms. Heiner, carried by a vote 4-0.
Motion passes.
ITEMS FROM THE
PLANNING BOARD
Mr. Rizzotti inquired if the board will be doing a job walk for the September 27th Planning Board item.
Staff confirmed that the board will be doing a job walk of the property prior to the September 27th meeting.
ATTACHMENT 7 - 5
CITY PLANNER
COMMENTS
ADJOURNMENT
TO THE
PLANNING
BOARD MEETING
OF SEPTEMBER
27TH 2021
Mr. Ramirez thanked the board for their feedback and
discussion.
Respectfully Submitted,
Secretary of the Planning Board
ATTACHMENT 7 - 6