From: Maureen Linde
To: _CityCouncilListPublic
Subject: [EXTERNAL] Fwd: CCR"s for Town & Country Heights Subdivision Date: Thursday, July 20, 2023 9:44:50 AM
Attachments: CCR"s Town & Country Heights Subdivision.pdf Hello- I am attaching the CCR's for my neighborhood for your review and consideration. The first paragraph, which I highlighted under section four, states that all lots or plots declared to be residential in character, shall not be used for any purposes or purpose other than residence purposes.
I would hope that you will take this into consideration and not allow the two homes on my street to remain as short term rentals as that clearly does not conform to our CCR's.
Thank you,
Maureen Linde
From: Tom Schiff
To: CityCouncilListPublic
Subject: [EXTERNAL] Letter to Editor -- PD
Date: Monday, July 24, 2023 9:53:13 AM
Neighborhood upended
EDITOR: My wife and I pur-
chased our dream retirement
home in Santa Rosa in 2017.
It was destroyed in the Tubbs
Fire. We worked hard and spent
several hundred thousand dol-
lars of our retirement savings
to rebuild. We were proud to
help our community recover
from that devastating wildfire.
When we finally moved back
into our home in April 2019, we
found ourselves surrounded on
three sides by non-hosted short-
term rentals.
Now, rather than enjoying
leisurely weekends in our
rebuilt home we dread week-
ends. That’s when a new batch
of strangers come for days
of fun and frolic with all the
associated partying, loud music
and disturbances that create
anxiety for my wife and me.
These renters don’t respect the
peace and tranquillity of our
neighborhood because they’re
just here for a good time.
Nobody anticipated the dam-
age that unrestrained growth of
non-hosted short-term rentals
would inflict upon our com-
munity. The City Council must
begin the process of undoing
some of the damage it has
allowed to occur.
Non-hosted short-term
rentals are unattended and
unsupervised commercial
enterprises operating in our
neighborhoods, and they are de-
stroying our community. They
need to be banned in residential
zones.
ERICH RAIL
Santa Rosa
*********************
Thomas E. Schiff
Santa Rosa, CA 95404
From: David Long
To: Hartman, Clare
Cc: Meads, Shari; Jones, Jessica; Dunston, Daryel; _CityCouncilListPublic Subject: [EXTERNAL] amended form of Short-Term Rental Ordinance for second reading at 7/25 Council Meetingnew Ordinacsecond reading of Short-term
Date: Friday, July 21, 2023 5:02:01 PM
Hi Clare,
I am addressing this to you since your name appears on the staff report that is in the agenda packet for the subject item; however, the others copied on this email have played a much more visible and prominent role in this process and are likely to be the ones to take action in response.
On June 6, 2023 Council passed a multi-faceted motion directing staff to do several things associated with the Ordinance. That meeting was long and the discussions took several confusing turns. With only the following exceptions, the staff report and modified Ordinance do a good job of implementing Council's direction
1. The affidavit requirement for Hosted Short-term Rentals
2. An inaccurate and overly general reference to the upcoming Council workshop regarding a potential ballot measure.
Because a solution to No. 1 is a bit more involved, I will address these items in reverse order.
For Item No. 2, staff is downplaying the primary topic that will be discussed in the workshop.The Council's adopted motion included holding a workshop to discuss placing a measure on the ballot for a standard election in either March or November 2024 asking the voters if they want to prohibit Non-Hosted Rentals in residential neighborhoods (zoning districts). Please correct the statement in the Executive Summary portion of the Staff Report to reflect the true, specific workshop purpose. This was an important addition to the motion, especially for its proponent, Councilmember Fleming, and the residents of Districts 3 & 4, so whenever stated for the record, it should be accurately done.
For Item No. 1 the Ordinance needs further revision to achieve the Council's direction requiring each Hosted Rental Owner to submit an affidavit that they "live on site." This is a very loose requirement that needs tightening.The Council's motion and discussions leading to the adoption of the motion clearly intended the affidavit to certify that the Hosted Rental is the owner's Principal Residence or Primary Residence (these two terms are used interchangeably in various contexts). To achieve this, the Ordinance needs the following adjustments:
Add to Section 20-48.030 the definition "Principal Residence. The place where one resides for more than one-half of the year."
Revise Section 20-48.030(G) to read "Hosted Rental Short-Term Rental. A Short-Term Rental where the Owner lives and sleeps in a Dwelling Unit on the property throughout the Short-Term Rental period that is the Owner's Principal Residence.
Revise Section 20-48.040(B)(1)(d) to read, "...documenting that the Owner lives and sleeps in a Dwelling Unit on the property throughout the Short-Term Rental period that is the Owner's Principal Residence, as defined in Section 20-48.030(add new paragraph designation).
Add a new paragraph, 20-48-040(B)(1)(e) that reads "The Owner's Principal Residence shall be established by 1) A driver's license or California state identification card; and 2) Voter registration, federal tax return (redacted as necessary), or proof of school enrollment for a dependant child, each of which show the Owner's name and Principal Residence address.
The City should prepare a form of affidavit that is used by all Hosted Rental Owners.
Thank you,
David Long
Planning and Economic Development Department
100 Santa Rosa Avenue, Room 3, Santa Rosa, CA 95404 | Phone: 707-543-3200 July 24, 2023
MEMORANDUM
To: Mayor and Members of Council
From: Clare Hartman, Planning and Economic Development Director CC: Maraskeshia S. Smith, City Manager
Subject: Short-Term Rentals Ordinance – Second Reading (part 2 of 2)
On July 21, 2023, the City received an e-mail from David Long requesting several changes to the draft Short-Term Rentals Ordinance related to the requirement for an affidavit for Hosted Short-Term Rental Permits. On June 6, 2023, Council directed staff to include language in the draft Ordinance requiring the submittal of an affidavit certifying that the Host is the owner of the residence and that they will live on site. Below are the changes that Mr. Long has requested, along with a response to each:
• Add to Section 20-48.030 the definition "Principal Residence. The place where one resides for more than one-half of the year."
Response: It is not necessary for the property to be the hosts “principal residence”. As defined, a host must be the owner of record of the property and, as the owner of record, they are required to live on site throughout the short-term rental period (see definitions below).
Draft Ordinance Section 20-48.030(F) defines “Host” as follows: “A natural person or persons who is/are the owner of record of residential real property, as documented by a deed or other such evidence of legal ownership, who offers their residence, or a portion thereof, as a Short- Term Rental. Host includes a personal or family trust whose beneficiaries consist solely of natural persons, but does not include residences or condominiums owned as a timeshare, limited liability partnership, corporation, or other business entity, or any fractional ownership of six or more interests. Host is synonymous with Owner and Operator.” (emphasis added)
Draft Ordinance Section 20-48.030(G) defines “Hosted Short-Term Rental” is as follows: “A Short-Term Rental where the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel throughout the Short-Term Rental period.
Hosted Short-Term Rentals shall be allowed only in the primary residence on any property containing more than one legal Dwelling Unit except where allowed in an ADU pursuant to Section 20-48.040(A)(4)(b).” (emphasis added)
Draft Ordinance Section 20-48.040(B)(1)(d), Hosted Short-Term Rental Application Affidavit, states the following: “All applications for a Hosted Short-Term Rental Permit shall require the submittal of an affidavit documenting that the Host lives and sleeps in the Dwelling Unit or lives and sleeps in another legal Dwelling Unit on the same parcel throughout the Short-Term Rental period, as defined in Section 20-48.030(G).” (emphasis added)
Planning and Economic Development Department
100 Santa Rosa Avenue, Room 3, Santa Rosa, CA 95404 | Phone: 707-543-3200
• Revise Section 20-48.030(G) to read "Hosted Rental Short-Term Rental. A Short-Term Rental where the Owner lives and sleeps in a Dwelling Unit on the property throughout the Short-Term Rental period that is the Owner's Principal Residence.
Response: The draft Ordinance requires that the owner live and sleep on site; it is not necessary for the property to be the hosts “principal residence”.
• Revise Section 20-48.040(B)(1)(d) to read, "...documenting that the Owner lives and sleeps in a Dwelling Unit on the property throughout the Short-Term Rental period that is the Owner's Principal Residence, as defined in Section 20-48.030(add new paragraph designation).
Response: Same response as above.
• Add a new paragraph, 20-48-040(B)(1)(e) that reads "The Owner's Principal Residence shall be established by 1) A driver's license or California state identification card; and 2) Voter registration, federal tax return (redacted as necessary), or proof of school enrollment for a dependent child, each of which show the Owner's name and Principal Residence address.
Response: Staff has determined that documentation such as voter registration, federal tax return or proof of school enrollment is not necessary. As a “host” the draft Ordinance requires documentation by “a deed or other such evidence of legal ownership”.
• The City should prepare a form of affidavit that is used by all Hosted Rental Owners.
Response: This is not necessary for the draft Ordinance. An affidavit will be developed in consultation with the City Attorney’s Office and will be required for all Hosted Short-Term Rental applications.
From: Sonoma County Coalition of Hosts
To: City Council Public Comments
Subject: [EXTERNAL] City Council Agenda Item 12.5 July 25, 2023 Date: Monday, July 24, 2023 3:45:53 PM
Attachments: image.png
Dear Mayor and Santa Rosa City Council Members,
On behalf of our Santa Rosa hosts, restaurants, and all small businesses in the city, heartfelt thanks to you all and to the Santa Rosa Planning Department staff who have worked so hard to make these Short-Term Rental Regulations a reality.
We wanted to highlight a few places we believe the legislation could be improved.
1. TOT FINES:
Fines already exist in the code for non-payment of TOT/BIA by the city revenue office. These should be left as they are. We do believe that there should be a fine structure for people operating without a permit and for those who have never paid their TOT/BIA.
2. REVOCATION: We do not support revoking permits for violators forever. We do support suspending permits for at least 12 months from the third violation so that permit holders can renew when their suspension period is up. Additionally, we do not believe that administrative violations, such as advertising and listing requirements, should count toward the three strikes to have your permit revoked.
3. DAYTIME GUESTS:
The ordinance still only allows half of your overnight capacity to visit during the day and must leave by 9 p.m. . So, if you have a one bedroom hosted rental, that would allow only one person to visit during the day. This means that if a couple renting a one bedroom STR has another couple over for lunch, they are in violation of the law. Additionally, to make people leave at 9 p.m. seems unfair. Why not have people be allowed to stay for dinner and have them leave at 10 p.m. when the city noise ordinance takes effect?
4. APPEALS: Ten days to appeal a denial of a permit is unfair and too short. While the city takes more than 6 months or longer to consider permit applications, and does not make staff readily available for in-person meetings, families need more time to consider whether mounting an appeal is worth their time and resources. Their ability to research their grounds for appeal and discuss with relevant professionals is greatly curtailed.
5. CODE ENFORCEMENT: Code enforcement, fire, police, or building personnel may request an inspection of your home (hosted and non-hosted) at any time. Is this legal? How does this not cross with guests' right to privacy?
We thank you for your consideration on these issues as we finalize this important STR legislation.
Sincerely,
Sonoma County Coalition of Hosts