Long Beach City Council
March 8, 2022

Short-Term Rentals Proposed Modifications
City Council Public Hearing – March 8, 2022
STR Ordinance History
• June 23, 2020 - City Council approves ordinance to add Chapter 5.77 to the Long Beach Municipal Code (LBMC), establishing regulations for STRs. Only hosted STRs permitted under this ordinance
• September 4, 2020 – City submits the Local Coastal Program Amendment (LCPA) request to the California Coastal Commission (CCC) • December 15, 2020 – City Council approves ordinance to allow unhosted STRs • December 30, 2020 – City submits supplemental ordinance for LCPA to the CCC for consideration of unhosted STRs
• December 15, 2021 – CCC approves the LCPA with four (4) required modifications
2 Coastal Commission Action: December 15, 2021 Hearing
• Recommended approval of LCPA to adopt STR Ordinance with four (4) modifications:
o Modifications must be adopted by the City Council and submitted to the California Coastal Commission within six (6) months of the December 16, 2021 hearing date o Modifications included revisions to Title 5 and Title 21 of the LBMC 3 Overview of Modifications
• Modification 1: Allow for up to 350 non-primary residence STRs in the Coastal Zone each year. The citywide cap of 800 non-primary residence STRs shall not be applied to prohibit additional STRs in the coastal zone until the 350 non-primary STRs are exhausted.
• Modification 2: Limit the ability to prohibit STRs, unless such restrictions were explicitly in place prior to the adoption of the State Coastal Act in 1976 or by requiring coastal development permits to be issued for requests to prohibit STRs within buildings and census block groups.
• Modification 3: Avoid cumulative impacts to public access from individual STR restrictions by monitoring and reporting STRs throughout the Coastal Zone. • Modification 4: Maximize public access for all people by including a commitment to non-discriminatory services and Americans with Disabilities Act (ADA)-accessibility information as part of the registration process.
4 Sample Scenario
• Opt Out Provision (Un-Hosted STRs): The property owners of residential property in any census block group within the City may request the City to initiate a petition process, using a form provided by the Director of Development Services, to prohibit un-hosted STRs within that census block group.
• Current Ordinance:
o Complete a successful petition process
o Added to the list of restricted areas for un-hosted STRs • Proposed CCC Revisions:
o Complete a successful petition process
o Require approval of a Local Coastal Development Permit (LCDP) o Added to the list of restricted areas for un-hosted STRs 5 Sample Scenario
• Prohibited Buildings List: 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. Prohibited Buildings List shall also include a list of census block groups where un-hosted STRs are prohibited per Section 5.77.080. • Current Ordinance:
o Apply to be listed on the Prohibited Buildings List
o Enforce the STR restriction
• Proposed CCC Revisions:
o Apply to be listed on the Prohibited Buildings List
o Require approval of a Local Coastal Development Permit (LCDP) o Enforce the STR restriction
6 Required LCDP Findings
The required findings must include a cumulative impacts analysis informed, at least in part, by monitoring data collected on approved projects that restrict STRs and on STRs throughout the Coastal Zone. The responsible hearing body shall also find:
• The proposed restriction would not result in the substantial loss of visitor-serving accommodations (i.e. a reduction in available overnight accommodation rooms, including but not limited to short-term rentals, hotels, and/or motels, within ¼ mile of visitor-serving recreational uses, the beach, bay, ocean, or tidelands). • The proposed restriction would not result in the loss of lower-cost overnight accommodations. Lower-cost overnight accommodations shall be defined as those charging approximately twenty five percent (25%) less than the statewide average daily room rate or less. • The proposed restriction would not result in the net loss of short-term rentals below four hundred twenty-five (425) short-term rental units (both hosted and un-hosted and/or primary or non-primary) historically occurring in the coastal zone. • The proposed restriction would be necessary to protect the neighborhood stability, housing access, and would be consistent with the neighborhood character established in the Local Coastal Program (LCP).
7 Next Steps
• Upon the City Council approval, City staff will resubmit the revisions to the California Coastal Commission within the six (6) month timeframe • The California Coastal Commission will hold a hearing for LCPA certification • Upon California Coastal Commission certification, the STR ordinance will be in effect in the Coastal Zone
8 Recommendation
• Accept the California Coastal Commission (CCC) proposed modifications and finalize the CCC certification process for the STR ordinance as an amendment to the Local Coastal Program (LCP)
9 Thank you
10 Patricia Diefenderfer
Planning Bureau Manager, Development Services
Department
[email protected]