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HomeMy WebLinkAboutCD Short-Term Rentals Report____________________________________________________________________________________ FOR CITY CLERK ONLY Council Meeting: 08/05/2019 Disposition: Accepted report with feedback to staff to follow -up with additional research on shared driveways and non-permanent structures for potential short-term rental regulations and to return with an ordinance Agenda Item No: 5.b Meeting Date: August 5, 2019 SAN RAFAEL CITY COUNCIL AGENDA REPORT Department: Community Development Prepared by: Paul Jensen (EG), Community Development Director City Manager Approval: ______________ TOPIC: Short-Term Rentals SUBJECT: INFORMATIONAL REPORT ON SHORT-TERM RENTAL POLICY ANALYSIS, COMMUNITY OUTREACH, AND DRAFT ORDINANCE RECOMMENDATION: Accept staff report and provide direction to staff on recommendations for program design and draft ordinance. EXECUTIVE SUMMARY: On February 19, 2019, the City Council was presented with an informational report on potential Short- Term Rental (STR) regulations. Per the direction of the City Council, this report provides additional analysis to this report and overview of the community outreach associated with the development of a potential STR ordinance for the City of San Rafael. This report provides a summary of the Community Survey Findings regarding support for STR regulations. Staff finds and recommends that STRs should be regulated and taxed. Included within this report is a draft ordinance for STR regulation in San Rafael based on the “minimal regulation” model adopted in Mill Valley. This model solely requires registration, fee payment, and transient occupancy tax (TOT) remittance. The report also provides additional policy elements utilized by other jurisdictions for which there is no clear direction existing in the San Rafael Municipal Code (SRMC). First-year program costs associated with the proposed draft ordinance are estimated at approximately $40,000 and ongoing program costs are estimated at approximately $31,500 annually. Based on projected program costs, staff proposes a cost-recovering registration fee of $165, payable at the time of initial registration, and a cost-recovering renewal fee of $130, payable every year after initial registration. Costs would be reviewed annually and program fees would be adjusted to maintain cost-recovery. Staff estimates that the City could collect between approximately $18,000 and 105,000 in potential TOT from active STRs in a given year. On average, TOT collection could be approximately $39,000 annually. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 2 BACKGROUND: At present, the City of San Rafael does not prohibit, regulate, or tax STRs. In 2015, as part of the review of the Junior Dwelling Unit (JDU) ordinance, the City Council directed staff to monitor STR activity. As of July 1, 2019, there are 260 active STRs in San Rafael. Since 2015, staff has tracked and recorded inquiries and complaints about STRs. During this time frame, the Community Development Department (CDD) received less than twelve inquiries and complaints. On February 19, 2019, the City Council was presented with an informational report on potential STR Regulations. This informational report presented several STR policy options including: maintaining the status quo, regulating and taxing STRs, and prohibiting STRs. At this meeting, the City Council requested that staff conduct the following: • Expanded community outreach on Short-Term Rental approaches, regulations, best practices and options • Further analysis on the impacts of Short-Term Rentals on the housing stock in San Rafael • Further analysis on the use of Accessory Dwelling Units (ADU) and JDUs as STRs Staff has prepared this informational report to provide an update on these actions, along with a draft ordinance for discussion only that would establish and regulations for STRs. At this time, staff seeks feedback and direction relating to the draft ordinance to prepare and present an ordinance for City Council consideration. ANALYSIS: A. Expanded Community Outreach Beginning on March 22, 2019 and concluding on April 22, 2019, staff conducted an online community survey of potential Short-Term Rental allowances and regulations. The survey was made available in English and Spanish. Links to the survey were made available on the City’s website, Facebook, Twitter, Nextdoor, City email distribution lists, and referenced in an article published in the Marin Independent Journal. Four-hundred-nine (409) individuals responded to the survey during the month that it was made available. While participation was very high for a community survey, since this was not a random survey, these results should not be considered representative of the City as a whole. Survey results and findings reflect only those individuals who completed the survey. This section provides an overview of the survey findings, a comprehensive overview of the survey results can be found in Attachment A. 1. Community Survey Overall Findings Demographics Respondents were asked several demographics questions including: age, race, homeownership, neighborhood of residence, and tenure in San Rafael. The survey asked these questions to determine how representative the survey was compared to San Rafael as a whole. This information also helps Staff better understand the communities we are reaching with our existing outreach strategies and identify ways to improve. The main demographic findings include: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 3 • 83% of respondents who took the survey identified as homeowners, compared to 52.3% of San Rafael households identifying as owner-occupied in the 2017 American Community Survey (ACS) • 81% of respondents identified as white, compared to 65.9% of San Rafael residents identifying as white in the 2017 ACS • 34% of respondents indicated their age as 65 years or older, followed by 24% between 55-64 years old, and 23% between 45-54 years old, compared to 18%, 11.5%, and 15.1% respectively in the 2017 ACS • Respondents indicated a wide range tenure of people living in San Rafael with 39% having lived in their current home for 15 or more years, and 27% living in their homes for 1-5 years • Respondents also indicated a broad distribution of neighborhoods represented, with no individual neighborhood providing more than 10% of responses Support To understand overall opinion of STR regulation, the survey asked which of the following statements best reflected respondents’ opinion: • San Rafael should leave STRs unregulated • San Rafael should allow STRs but regulate them • San Rafael should ban STRs • Not Sure/Undecided Forty percent (40%) of respondents, or 155 individuals, said San Rafael should allow STRs but regulate them. Thirty-three percent (33%), or 128 individuals, said San Rafael should leave STRs unregulated. Twenty-two percent (22%), or 84 individuals, said San Rafael should ban STRs. Awareness When respondents were asked if they were aware of short-term rentals in their neighborhood, fifty-six percent (56%) of respondents, or 228 individuals, said yes. Of those 228 individuals who were aware of an STR in their neighborhood, only 94, or twenty-three percent (23%) of all respondents, said the STRs had caused problems. The top three problems these 94 respondents indicated experiencing were: • Lack of Parking (76%); • Strangers in the Neighborhood (63%); • Noise Complaints (57%) Concerns and Priorities All respondents were asked about their level of concern across nine STR-related challenges. However, no issue received more “Very Concerned” votes versus “Not Concerned”. “Party Houses” was the only issue where the difference between “Not Concerned” and “Very Concerned” was near zero. All respondents were also asked how they would prioritize eleven different short-term rental regulations. Five regulations stood out---receiving a greater or equal percentage of votes for “The Single Biggest Priority” and “A Major Priority” versus “Not a Priority”: • Limit number of guests or occupants • Require 24-hour local contact • Require rules be posted in rental • Require STRs pass a safety inspection • Require additional parking SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 4 Short-Term Rental Hosts The survey also asked questions specifically for STR Hosts. Nearly one third of respondents-- or 128 responses-- indicated they are: • Current hosts (15% or 57 response); • Have been hosts (5% or 18); or • Have thought about being hosts (14% or 53). Of these 128 respondents, the clear majority,84% or 104 respondents, indicated they currently live at the property they are renting. Of the types of properties rented, hosts said: • 32% (40 respondents)- A room in a house, • 30% (37 respondents)- Whole House, • 24% (30 respondents)- An Accessory or Junior Dwelling Unit, • 14% (18 respondents)- Other. When asked why these respondents host STRs, financial reasons—“Additional Income” or “Help with Mortgage Payments”-- outpaced all other options as the single biggest reason. Finally, the survey also asked if hosts would be willing to pay an annual registration fee. 58% (or 73 respondents) said yes, while 42% (or 55 respondents) said they would decide not to list their properties instead of paying a fee. Furthermore, on average, hosts said they would be willing to pay an annual fee of $121--including hosts who said they would not be willing to pay a fee. B. STR Impacts on Existing Housing Stock At the February 19 City Council Meeting, staff was directed to perform further analysis on the impacts of STRs on the housing stock in San Rafael, as well as ADU and JDU use as STRs. Since 2000 the City of San Rafael has approved 137 permits for ADUs, JDUs, or Second Units . When staff compared these 137 permits to the 271 STRs currently advertised in San Rafael, 1 only 17 out of the 271 STRs currently advertised have an approved permit for either a JDU, ADU, or second unit. Following a review of all 271 active STR listings, staff identified approximately 60 listings-- including the 17 listings with approved permits--that appeared likely to be an additional onsite unit (i.e., ADUs, JDUs, duplex unit to a single-family home). This review suggests there are approximately 43 active STR listings likely unpermitted for their current use. If ADUs and JDUs were prohibited from becoming an STR, there is no guarantee they would become long-term housing options. Even if the 43 potentially unpermitted STR listings identified by staff required permitting, the market would dictate their suitability as long-term or short-term housing. Due to these market forces, there is little incentive either for the City to prohibit the use of ADUs or JDUs as STRs or for a property owner to apply for permits on an ADU or JDU prohibited for STR use. 1 Based on data collected by Host Compliance, there are 271 STRs advertised in San Rafael (as of July 1st, 2019). Due to listings being advertised across several platforms, some of these 271 STRs may be duplicates. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 5 C. Draft Ordinance Staff finds that of the three STR policy options presented to the City Council on February 19, 2019 (no Regulation (status quo), regulation and taxation, or prohibition) STRs should be regulated and taxed. Staff has developed a draft ordinance establishing a short-term rental registration program and requiring the collection and remittance of transient occupancy taxes (TOT) (Attachment B). This draft ordinance is based on the “minimal regulation” model adopted in Mill Valley, which only requires registration, fee payment, and TOT remittance. This section outlines the changes to the Municipal Code as part of this draft ordinance. As discussed in the February 19, 2019 staff report, STRs are currently not regulated, and the host/property owner is not required to obtain a City business license. To address these issues, the draft ordinance includes the following amendments to the Zoning Code definitions in SRMC Section 14.03.030: • Add a definition for “Short Term Rentals”: “Short-term rental” means the rental of all or a portion of a dwelling unit for less than 30 days of consecutive tenancy. • Amend the definition of “Hotel” by removing “multiple guest rooms”: "Hotel" means any building or portion thereof containing multiple guest rooms designed for compensation, primarily for the accommodation of transient travelers, with eating, drinking, banquet and recreational facilities related to the hotel use, but not including those facilities defined as residential care faci lities. • Amend the definition of “Home Occupation” to explicitly not apply to short-term rentals: "Home occupation" means an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one (1) or more persons, all of whom reside within the dwelling unit, as further defined in Section 14.16.220, Home occupations, but not including those facilities defined as short-term rentals in Section 14.03.030 of this Code. Additionally, the draft ordinance would amend the Transient Occupancy Tax (“TOT”) definitions in SRMC Section 3.20.020 to include “Short Term Rental” in the definition of “Hotel”: “Hotel” means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, short-term rental or other similar structure or portion thereof. In addition to these changes to existing Municipal Code sections, this draft ordinance would add a new chapter to the Code, Chapter 10.110- Short Term Rental Program, outlining the short-term rental program requirements and regulations, which include the following: • Application and registration of short-term rentals; • Quarterly reporting requirements for hosts; and SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 6 • Hosting platform requirements: o Noticing of City Regulations to Hosts, o Confirmation of Listing Registration with City, o Reporting and Record Keeping Measures. Administrative enforcement procedures, including fines, for the proposed STR program would be conducted in accordance with SRMC Chapter 1.44 and Chapter 1.46. D. STR Program Design In addition to the changes to the Municipal Code as part of the draft STR ordinance, any new STR program would establish new administrative requirements for implementation. This section outlines these potential program design elements. 1. Compliance Monitoring Software Currently, the City has contracted with Host Compliance to provide STR address identification and perform monitoring. At a higher level of services, Host Compliance offers compliance monitoring software. This software is a highly cost-effective tool for enforcement of any STR policy as it provides a wide range of services for significantly less than would be required for a jurisdiction to develop and administer the same services in-house. These services include: • STR Address Identification: an online dashboard with address and rental information for all identifiable STRs • Compliance Monitoring: outreach and monitoring of STR listings for compliance with a jurisdiction’s zoning and regulations • Permitting and Registration: online and mobile registration or permitting including collection of payments, signatures, and required documents • Rental Activity Monitoring and Tax Collection: monitoring of STR listing rental activity and support for TOT collection • Complaint Hotline: 24/7 staffed hotline for neighbors to report non-emergency STR problems Host Compliance calculates contract costs based upon the average number of unique STRs over the twelve (12) month period prior to the date of contract execution. The City’s current contract is $2,829 until October 9, 2019 for STR address identification and monitoring. This amount reflects an annual rate of $8,487 based upon an average of 240 STRs over a twelve (12) month period. An expanded Host Compliance contract to include all the expanded services listed above would cost $23,949 annually for a two-year contract. If the City decided to enter into a three-year contract the contract amount would be reduced by ten (10) percent to $21,554 annually. 2. Staffing Staff estimates first-year costs for administering the STR regulation program associated with the draft ordinance will be approximately $40,000 including the above software costs. These costs include first- year program management, permit processing, and technology development. Additionally, these costs include staff time for conducting an STR workshop and for the City Attorne y to develop a Voluntary Compliance Agreement (VCA) with STR platforms. Staff estimates annual on-going costs of approximately $31,500 (Table 1). These costs would cover expanding STR Compliance Monitoring Services, as well as on-going staffing costs. Staff will be able to limit hours needed for administrative tasks by utilizing the Host Compliance software. The increase in hours associated with a new program is anticipated to be covered by existing staffing levels. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 7 Table 1. Estimated Annual Program Staffing and Costs 3. TOT Collection As part of the proposed draft ordinance, hosts will be required to collect and remit T ransient Occupancy Taxes. The City charges a ten (10) percent TOT, as well as a two (2) percent Marin County Business Improvement District Tax Assessment (MCBIDCA) that is remitted to the County. STR platforms like Airbnb and HomeAway/VRBO have the functionality to streamline TOT collection and remittance automatically. However, these platforms require the execution of a VCA. Under the VCA, the STR platform agrees to automatically collect the TOT directly from the customer using their platform and then remit a lump sum payment, either monthly or quarterly, for all rentals during that period. The lump sum payment would not provide transactional information and would only reflect gross receipts. The City would be allowed to perform periodic audits on these payments. Staff has had preliminary conversations with Airbnb on a potential VCA. An example of an Airbnb VCA is provided in Attachment C. If the City Council were to move forward with potential STR regulations, staff can pursue VCAs with other platforms. Any host operating on a platform without an executed VCA with the City would be required to collect and remit TOT payments separately from the STR platform. The Host Compliance software does provide a module to assist with calculation and remittance of TOT. However, the host would still be required to collect the TOT separately. This non-VCA process would mirror the existing TOT collection and remittance. One Time New Existing New Host Compliance Services Address Identification $8,487 Mobile Registration $5,000 Compliance Monitoring $3,339 Rental Activity Monitoring $4,452 24/7 Dedicated Hotline $2,671 Host Compliance Sub-total Implementation Staffing (One-Time) Program Management 60 $4,066 City Attorney 10 $1,148 STR Workshop 8 $542 Technology development 20 $1,355 Permit Processing 20 $1,151 Community Development Staffing (On-going) Program Management 60 $3,454 Code Enforcement 20 $1,151 Finance Staffing (On-going) Business License & TOT Processing 20 $1,205 $1,205 Business License & TOT Review 20 $1,793 $1,793 One-Time Staffing Subtotal $8,262 On-Going Staffing Subtotal Total $8,262 $23,949 $7,602 $31,551 Est. Hour On-Going SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 8 4. Registration To participate in the proposed Short-Term Rental program, STR hosts would be required to register through the Host Compliance software and receive a valid business license. To streamline this process, applicants would be able to apply for their business license as part of the registration. Applicants would be required to provide the following information annually: • Property Information including address, type of listing, occupancy, and number of parking spaces • Business License Registration • Vegetation Management Plan (for properties within a Wildlife Urban Interface) • 24-Hour Local Emergency Contact available to receive calls from the guest(s) at any time, day or night • Instructions for trash disposal to be provided to renters • Information on San Rafael Noise Ordinance requirements • Payment of Fees and TOT 5. Program Fees As noted above, staff estimates a complete cost-recovery registration fee of $165 per listing, paid at the time of initial registration, for the proposed draft ordinance. Staff estimates a complete cost-recovery renewal fee of $130 per listing, paid every year after initial registration. These fees are based upon the estimated total program costs associated with Compliance Monitoring Software and Staffing. Total program costs were then divided by the average 240 STR listings active in the last 12 months, which are used by Host Compliance to determine their contract costs. Staff would be allowed to adjust these fee amounts annually based upon changes to program costs due to changes in the number of active STR listings and staffing costs. E. Potential Policy Elements As described above, the proposed draft ordinance is based on the related ordinance adopted in Mill Valley, which only requires registration, fee payment, and TOT remittance. The City Council may decide additional policy elements are necessary, in addition to those described in the Mill Valley ordinance. Staff has identified the following policy elements utilized by other jurisdictions in which there is not clear direction existing in the Municipal Code. These potential policy elements have not been included in the program costs and fiscal impacts described in this report. Staff has categorized these policies into three levels of enforcement effort—low, medium, and high—required to successfully implement these additional regulations. 1. Low Enforcement Effort Staff considers the following regulations to require low enforcement efforts to be implemented. These regulations can be verified automatically upon registration and reviewed without an onsite visit in the case of a complaint. Implementation of these regulations would have a minimal impact on the fiscal and staffing projections included in this report, increasing program costs by ten percent (10%) to twenty-five (25%) percent per policy. a. Owner Occupancy: Some jurisdictions only allow STRs on properties considered the primary residence of the host. To show primary residence, host are required to document at least two of the following as part of the registration process: SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 9 o Motor vehicle registration; o Driver's license; o Voter registration; o Tax documents showing the property as the Permanent Resident's residence for the purposes of a home owner's tax exemption; or o A utility bill. b. Posting of Emergency Information: In the case of an emergency, jurisdictions often require the posting of emergency information in an easily accessible location for renters. Documentation of the posting is required during the registration process. This emergency information can include: o Local Contact Person; o On-Street Parking Requirements; o Garbage Disposal; o Fire Access Roads; o Wildfire Evacuation. c. Ineligible Uses: Properties with existing rental or residential restrictions - In most jurisdictions, properties with existing rental or residential restrictions are prohibited from registering as an STR. These properties include: Student Housing, Dorms, SROs, Commercial or industrial spaces. In most cases, there are already existing deed or zoning restrictions on these properties. 2. Medium Enforcement Effort Staff considers the following regulations to require medium enforcement efforts to be implemented. These are regulations that can be enforced automatically but may require a site visit to verify, or that cannot be enforced automatically through Host Compliance or by electronic verification through existing tools. Implementation of these regulations would increase the fiscal and staffing projections included in this report but would not require the hiring of additional staff, thus increasing program costs by twenty-five percent (25%) to fifty (50%) percent per policy. a. Self-Certification Inspection: Some jurisdictions require a basic life and safety inspection to be conducted as part of their registration process and verified complete prior to approval. Hosts can conduct a self-certification inspection documenting their compliance with the program regulations, including: o Bedroom and Property Egress; o Rules and local contact information posted inside the rental; o Smoke and Carbon Monoxide Detectors. b. Occupancy Limits: Some jurisdictions set occupancy limits on STRs to prevent overcrowding of rental units. Most commonly total persons allowed at listings are limited to two (2) individuals per bedroom as defined by California Building Code—two (2) points of Egress, height requirements, CO2 and Smoke detector--plus an additional two (2) overnight guests. For example, a property with two (2) bedrooms would be allowed to host a maximum of six (6) guests. c. Ineligible Uses: Non-Permanent Structures- In some jurisdictions, properties that are considered non-permanent structures are prohibited from registering as an STR. These properties include: o Recreation Vehicles (RVs) and Boats/House Boats o Outdoor Areas (i.e. Teepees, Yurts, Tents, and Treehouses) o Sleeping Quarters in Vans or Cars. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 10 Enforcement of these ineligible uses is of medium difficulty due to the wide range in quality and conditions in these structures. 3. High Enforcement Effort Staff considers the following regulations to require high enforcement efforts to be implemented. These regulations cannot be enforced automatically and would require significant staff time to verify and enforce. Implementation of these regulations would significantly increase the fiscal and staffing projections included in this report and would likely require the hiring of additional staff, increasing program costs by over fifty (50%) percent per policy. a. Ineligible Uses: ADUs and JDUs: In 2017, new state legislation allows projects to receive a planning permit through a ministerial review process, including reduced fees and parking requirements for some properties. As part of receiving a streamlined ministerial review process, property owners are required to maintain owner-occupancy of either the main house or accessory unit. Unpermitted accessory and junior dwelling units being used for STRs would be able to utilize this new process to come into compliance. Some jurisdictions have created potential restrictions on ADUs and JDUs for use as STRs to preserve these units for long-term housing. Restrictions vary significantly between jurisdictions. Some jurisdictions have completely prohibited ADUs and JDUs from registering as STRs. Other jurisdictions permit ADU or JDUs to be rented only on owner-occupied properties if the main house is not also registered as an STR. A complete prohibition of the use of ADUs and JDUs as STRs would be highly difficult to enforce due the effort required to confirm the designated use of an additional onsite unit. For properties which are not clearly an ADU or JDU, staff would likely be required to perform an onsite inspection to determine the appropriate residential use and program eligibility of the property. b. Annual Cap on Nights Rented: Some jurisdictions limit the number of days an STR can be rented in a given year. Currently, the existing compliance monitoring software is not able to track individual transactions, making it extremely difficult to verify any host-report activity. Additionally, it is not clear that annual caps are effective at limiting STR use as many hosts report renting their properties for less than the annual cap. c. Additional Parking Standards (including shared driveways): Some jurisdictions require additional onsite parking for STR properties. The purpose of the additional parking to is address concerns about the potential increase in parking required with guests driving multiple vehicles. After reviewing STR program parking requirements in several communities and San Rafael’s existing City Parking Standards (SRMC Chapter 14.18), existing residential structures are already required to provide off-street parking in-line with STR program parking requirements. Additional off-site parking would not be required to meet the estimated parking need created by STR use. Another potential parking requirement may include prohibiting or restricting STR use on properties with a shared driveway. Enforcement of these requirements would be difficult due to varying sizes and designs of shared driveways. Due to this variation, defining and enforcing shared driveway restrictions would likely be subjective. SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 11 4. Staff Recommendations • Should the City Council decide to move forward with STR regulations and include additional policy elements, staff supports the inclusion of the following policies: o All policies requiring a low enforcement effort o All policies requiring a medium enforcement effort. • Should the City Council decide to move forward with restrictions on ADUs and JDUs, staff supports allowing ADUs and JDUs to be used for STRs only if the property is owner-occupied by the host and the main house is not also registered as an STR. Including both requirements would align the STR restrictions placed on ADUs and JDUs with existing owner-occupancy restrictions for ADU and JDU planning permits. • Staff does not support the inclusion of an annual cap on nights rented or additional parking/ shared driveway standards. • Staff seeks direction on whether to include in the definition of Ineligible Use: Non-Permanent Structures travel trailers without a motor or engine—such as “camp trailers” or “fifth-wheel trailers”. Should the City Council decide that travel trailers not be included in this definition, Staff seeks direction on whether additional regulations should be included for travel trailers, such as: o Requiring separate and legal water, power, and sewage connections o Prohibiting generator use o Mandatory safety inspections and additional fee o Off-driveway parking platform o Additional off-street parking o Limited Street Visibility COMMUNITY OUTREACH: In response to City Council direction to conduct additional community feedback on potential STR regulations, staff developed a community engagement strategy comprised of conducting a community survey, meetings with stakeholder groups, and community meetings. Additionally, staff has maintained a City webpage specific to updates and resources on the City’s STR efforts. This section discusses community outreach conducted as part of stakeholder and community meetings. Information regarding the community survey can be found in the Community Survey section of this report. 1. Stakeholder Meetings From February 19 to June 1, staff conducted three stakeholder meetings: • March 20, 2019: Federation of Neighborhoods Meeting- Staff presented a summary of the STR- related activity to date including a summary of actions from the February 19th, 2019 City Council Meeting. Attendees expressed no major concerns around STR regulation. Staff was asked to consider potential limitations on parking and regulations ensuring community safety as part of any potential STR policy. • April 4, 2019: Airbnb Host Meeting- Staff met with approximately 25 San Rafael short-term rental hosts using the Airbnb platform. Staff presented a summary of the STR-related activity to date SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 12 including a summary of actions from the February 19th, 2019 City Council Meeting. Attendees expressed the following opinions surrounding potential STR regulation: o Many of those renting STRs are families, people travelling for work, or visiting family nearby; o Many hosts rent while out of town (i.e. professors); o Income from STRs is needed to provide some financial security; o Hosts indicated they rent out rooms through Airbnb in their homes that would otherwise be vacant; o Hosts preferred to operate short-term rentals versus long-term rentals due to the added complexity and time-commitment of long-term rentals, including conducting repairs and maintenance; o Short-term rentals are often self-regulating through reviews. o Charging TOT and a program fee will likely push several hosts from renting due to the need to reduce nightly rates to remain competitive. • June 18 San Rafael Chamber of Commerce- Staff met with the San Rafael Chamber of Commerce Government Affairs Committee and presented the same presentation, reviewing the results of the community survey used during the Community Meetings. Attendees expressed concern around the necessity of STR regulation given the relatively low number of STR related complaints. 2. Community Meetings Staff held two community meetings to review the results of the community survey and to get feedback. Staff presented the findings of the community survey (Attachment D) and presented a “Straw-man” proposal. A “Straw-man” Proposal is a simple draft proposal intended to generate discussion of its disadvantages and to provoke the generation of new and better proposals. The two meetings were held on the following dates and locations: o May 29, 2019- Loch Lomond Yacht Club (approximately 25 attendees) o May 30, 2019- San Rafael Community Center (approximately 15 attendees) Attendees of these community meetings expressed the following range of concerns surrounding STR regulation: Recommendations Concerns • Sunset clause for Ordinance • Specific regulations for properties in a Wildlife Urban Interface (WUI) • Limit Number of Days an STR can be rented • ADUs and JDUs are affordable by design and should not be allowed to be used as a STR • Insufficient parking on properties with shared driveways • How to handle “Other” properties (i.e. Boats, Tents, RVs)? • Abuse of 24-Hour Complaint Hotline • Property owners park on the street rather than in the driveway to provide extra parking • Impacts on Hotels and Motels SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 13 Relationship to CC&Rs During both community meetings, several attendees asked about the relationship between the STR regulations and conditions, covenants, and restrictions (CC&Rs) in subdivisions that explicitly restrict short-term rentals. The draft ordinance would follow existing City policy regarding CC&Rs. Per SRMC 15.06.160- Conditions, Covenants, and Restrictions, CC&Rs recorded for a subdivision are not enforced by the city of San Rafael. While the city shall have the authority and role to review and approve such documents, enforcement shall lie with the subdivision homeowner’s association or the property owners within the subdivision. FISCAL IMPACT: There is no fiscal impact associated with this informational report. However, this section outlines the estimated costs associated with the proposed draft STR ordinance. If the City Council decides to move forward with a new STR policy and includes additional policy elements as described in the Potential Policy Elements section, further staffing analysis will be needed to refine these estimated program costs. Table 2. Estimated Annual STR Program Balance As described in the STR Program Design section, staff estimates program costs of approximately $40,000 in the first year of the program, and approximately $31,500 on-going annually. Staff estimates a complete cost-recovery renewal fee of $130 per listing, paid every year after initial registration. These fees are based upon the estimated total program costs associated with Compliance Monitoring Software and Staffing. Total program costs were then divided by the average 240 STR listings active in the last 12 months, which are used by Host Compliance to determine their contract costs. Staff would be allowed to adjust these fee amounts annually based upon changes to program costs due to changes in the number of active STR listings and staffing costs. The addition of STR policy options described in the STR Program Design section will increase these estimated program costs. Low enforcement policies are expected to increase program costs between ten percent (10%) to twenty-five percent (25%) per policy. Medium enforcement policies are expected to increase program costs between twenty-five percent (25%) to fifty percent (50%) per policy. High enforcement policies are expected to increase program costs by over fifty (50%) per policy. Staff analyzed annual balances for all options given the low, mean, and high estimate for TOT revenue collection as presented in the February 19th Staff Report (Table 2). Staff estimates that the City could collect between approximately $18,000 and 105,000 in TOT in a given year. On average, TOT collection could be approximately $39,000 annually. When combined with cost-recovering fees, the estimated program balance would be the same as the TOT collected, ranging between net positive balance of $18,000 and $105,000 with an average of $39,000 annually. Year 1- Fees Ongoing- Fees TOT Year 1 Ongoing Year 1 Ongoing Low-End $39,814 $31,551 $18,051 $39,814 $31,551 $18,051 $18,051 Mean $39,814 $31,551 $39,738 $39,814 $31,551 $39,738 $39,738 High-End $39,814 $31,551 $105,183 $39,814 $31,551 $105,183 $105,183 Annual Balance * Program fees are calculated as cost-recovering for program expenses. If fees are collected, Year 1 and Ongoing program balances would be the same as they reflect the TOT Revenue collected that year. Projection Revenue Expenditures SAN RAFAEL CITY COUNCIL AGENDA REPORT / Page: 14 OPTIONS: The City Council has the following options to consider on the matter: • Accept the report and direct staff to return with program design and corresponding draft ordinance. • Direct staff to return with more information. • Accept the Report with no follow-up action. • Do not accept the report. RECOMMENDED ACTION: Accept staff report and provide direction to staff on next steps for potential STR regulations. ATTACHMENTS: A. Short-Term Rental Community Survey Results B. Draft Short-Term Rental Ordinance C. Example Airbnb Voluntary Compliance Agreement D. May 29 & May 30 Community Meeting Presentation: STR Community Survey Findings 82.89%339 14.18%58 1.96%8 0.98%4 Q1 Which option best describes you? Answered: 409 Skipped: 0 TOTAL 409 I am a Homeowner in San Rafael. I am a Renter in San Rafael. I own property in San Rafael but do not live here. I am a property manager in San Rafael. 0% 20% 40% 60% 80% 100% 82.89% 82.89% 82.89% 82.89% 82.89% 82.89% 82.89% 14.18% 14.18% 14.18% 14.18% 14.18% 14.18% 14.18% 1.96% 1.96% 1.96% 1.96% 1.96% 1.96% 1.96%0.98% 0.98% 0.98% 0.98% 0.98% 0.98% 0.98% ANSWER CHOICES RESPONSES I am a Homeowner in San Rafael. I am a Renter in San Rafael. I own property in San Rafael but do not live here. I am a property manager in San Rafael. 1 / 53 Short Term Rental Community Survey ----L...---- Q2 How long have you lived in your current home? Answered: 409 Skipped: 0 Less than 1 year 1-5 years 5-10 years 10-15 years 15+ years 0% 20% 40% 60% 80% 100% 5.87% 5.87% 5.87% 5.87% 5.87% 5.87% 5.87% 27.14% 27.14% 27.14% 27.14% 27.14% 27.14% 27.14% 18.58% 18.58% 18.58% 18.58% 18.58% 18.58% 18.58% 9.29% 9.29% 9.29% 9.29% 9.29% 9.29% 9.29% 39.12% 39.12% 39.12% 39.12% 39.12% 39.12% 39.12% 2 / 53 Short Term Rental Community Survey 8.07%33 91.93%376 Q3 Do you own multiple properties in San Rafael? Answered: 409 Skipped: 0 TOTAL 409 Yes No 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No 3 / 53 Short Term Rental Community Survey Q4 If yes, how many properties do you own in San Rafael? Answered: 33 Skipped: 376 #RESPONSES DATE 1 2 4/20/2019 6:35 PM 2 4 4/20/2019 12:13 PM 3 2 4/19/2019 1:47 PM 4 2 4/18/2019 7:15 PM 5 0 4/9/2019 2:08 PM 6 2 4/7/2019 10:34 PM 7 2 4/6/2019 8:49 AM 8 2 4/4/2019 1:30 PM 9 2 4/3/2019 7:34 AM 10 2 4/1/2019 6:08 PM 11 2 4/1/2019 4:50 PM 12 3 4/1/2019 4:15 PM 13 2 4/1/2019 3:31 PM 14 3 4/1/2019 12:00 PM 15 2 3/31/2019 9:51 PM 16 2 3/28/2019 5:14 PM 17 2 3/28/2019 12:33 PM 18 2 3/24/2019 9:03 PM 19 2 3/23/2019 9:15 AM 20 3 3/23/2019 6:22 AM 21 2 3/21/2019 8:42 PM 22 2 3/21/2019 7:36 PM 23 2 3/21/2019 3:05 PM 24 3 3/21/2019 2:49 PM 25 2 3/21/2019 1:45 PM 26 2 3/21/2019 1:22 PM 27 2 3/21/2019 12:48 PM 28 2 3/21/2019 12:47 PM 29 1 3/21/2019 12:12 PM 30 2 3/21/2019 12:05 PM 31 2 3/21/2019 12:01 PM 32 3 3/21/2019 12:01 PM 33 2 3/20/2019 6:15 PM 4 / 53 Short Term Rental Community Survey 83.33%340 7.60%31 3.92%16 0.49%2 4.66%19 Q5 What type of property do you live in? Answered: 408 Skipped: 1 TOTAL 408 #OTHER (PLEASE SPECIFY)DATE 1 condo 4/16/2019 9:13 PM 2 condo 4/14/2019 2:22 PM 3 Planned Unit Community 4/8/2019 9:08 AM 4 Single apartment in commercial building 4/1/2019 6:09 PM 5 Condo 3/31/2019 9:13 PM 6 Townhouse 3/28/2019 12:21 PM 7 in law 3/28/2019 12:14 PM 8 Townhouse 3/23/2019 6:22 AM 9 Townhousem 3/21/2019 8:32 PM 10 Townhouse 3/21/2019 7:53 PM 11 Condo 3/21/2019 6:26 PM 12 townhouse 3/21/2019 4:29 PM 13 Condo 3/21/2019 2:50 PM Single Family Home Duplex/ Triplex Apartment Building Mobile Home Other (please specify) 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Single Family Home Duplex/ Triplex Apartment Building Mobile Home Other (please specify) 5 / 53 Short Term Rental Community Survey 14 Condominium 3/21/2019 2:24 PM 15 Condo 3/21/2019 1:27 PM 16 Townhouse 3/21/2019 12:31 PM 17 Condominium 3/21/2019 11:59 AM 18 Townhouse 3/21/2019 11:56 AM 19 Office 3/20/2019 6:15 PM 6 / 53 Short Term Rental Community Survey 15.44%63 84.56%345 Q6 Do you have an Accessory Dwelling Unit or Junior Dwelling Unit on your property? Answered: 408 Skipped: 1 TOTAL 408 Yes No 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No 7 / 53 Short Term Rental Community Survey 56.16%228 43.84%178 Q7 Are you aware of any Short-Term Rentals in your neighborhood? Answered: 406 Skipped: 3 TOTAL 406 Yes Yes Yes Yes Yes Yes Yes 56.16% (228) 56.16% (228) 56.16% (228) 56.16% (228) 56.16% (228) 56.16% (228) 56.16% (228) No No No No No No No 43.84% (178) 43.84% (178) 43.84% (178) 43.84% (178) 43.84% (178) 43.84% (178) 43.84% (178) ANSWER CHOICES RESPONSES Yes No 8 / 53 Short Term Rental Community Survey 58.59%133 41.41%94 Q8 If yes, have the Short-Term Rentals caused any problems? Answered: 227 Skipped: 182 TOTAL 227 No No No No No No No 58.59% (133) 58.59% (133) 58.59% (133) 58.59% (133) 58.59% (133) 58.59% (133) 58.59% (133) Yes Yes Yes Yes Yes Yes Yes 41.41% (94) 41.41% (94) 41.41% (94) 41.41% (94) 41.41% (94) 41.41% (94) 41.41% (94) ANSWER CHOICES RESPONSES No Yes 9 / 53 Short Term Rental Community Survey 76.34%71 63.44%59 56.99%53 39.78%37 31.18%29 30.11%28 21.51%20 Q9 If yes, please choose the option(s) below that best describes the problem. Answered: 93 Skipped: 316 Total Respondents: 93 #OTHER (PLEASE SPECIFY)DATE 1 coming and going at all hours; dogs barking 4/21/2019 8:36 PM 2 Sharing a driveway with a private home causing traffic and extensive noise 4/20/2019 12:15 PM 3 Potential environmental health hazards 4/17/2019 12:43 PM 4 Indelible change in the environment as a stable, residential setting and community that has continuity with individuals who become neighbors invested in the neighborhood and larger Dan Rafael community 4/16/2019 9:47 PM 5 My neighbors have a shared driveway and the constant traffic is an issue.4/16/2019 9:16 PM 6 next door neighbor has AB&B and guests continually go up wrong driveway or enter their driveway incorrectly and get stuck blocking road until tow truck arrives. 4/11/2019 10:08 AM Lack of Parking Strangers in the... Noise Complaints Other (please specify) Partying Improper Trash Disposal Guests entering the... 0%10%20%30%40%50%60%70%80%90%100% 76.34% 76.34% 76.34% 76.34% 76.34% 76.34% 76.34% 63.44% 63.44% 63.44% 63.44% 63.44% 63.44% 63.44% 56.99% 56.99% 56.99% 56.99% 56.99% 56.99% 56.99% 39.78% 39.78% 39.78% 39.78% 39.78% 39.78% 39.78% 31.18% 31.18% 31.18% 31.18% 31.18% 31.18% 31.18% 30.11% 30.11% 30.11% 30.11% 30.11% 30.11% 30.11% 21.51% 21.51% 21.51% 21.51% 21.51% 21.51% 21.51% ANSWER CHOICES RESPONSES Lack of Parking Strangers in the neighborhood Noise Complaints Other (please specify) Partying Improper Trash Disposal Guests entering the wrong property 10 / 53 Short Term Rental Community Survey 7 Cars getting stuck in ditch. Blocking road for hours. They are guests staying at my neighbors AB&B. They turned into driveway incorrectly. This has happened multiple times at same address. 4/9/2019 3:29 PM 8 Speeding on our street, lack of safety and lack of care for the animals 4/5/2019 4:39 PM 9 We reside in a culdesac and the amount of traffic generated by non-long term residents or homeowners is very dangerous due to speeding and lack of courtesy toward the permanent residents. 4/5/2019 3:43 PM 10 Safety and liability concerns 4/3/2019 11:41 PM 11 The short term resident does not know the rules of the apartment complex and nearly all of them will smoke ( a lot) inside the apartment. We've been getting lots of fire victims and Europeans who do not have or not aware of NO smoking rules in the unit they are staying in. My other long-term neighbors ( in my apartment complex) and I have the same compaints. Also, these Airbnb or corporate housing units residents do not dispose of their trash and recycling properly. Now this could be the non-speaking maid service disposing of the trash incorrectly (and messily too). 4/2/2019 4:48 PM 12 Short term rentals impeding upon normal monthly units available for locals of Marin 4/1/2019 11:09 AM 13 endangering pets 4/1/2019 10:47 AM 14 Renter on balboa was subletting on Airbnb for $400. Without owner knowledge 3/31/2019 5:42 PM 15 My rent for a 2 bedroom home doubled in 4 years 3/31/2019 3:04 PM 16 neighbor relations 3/30/2019 11:37 AM 17 Taking two parking spaces from permanent residences 3/28/2019 10:13 PM 18 Someone hit and killed a deer. It was an airbnb visitor. They did not know we have deer in our neighborhood. They were driving too fast too. 3/28/2019 12:22 PM 19 Parking so close to the center double line that cars have difficulty driving on the main road through our neighborhood. 3/24/2019 9:06 PM 20 I have seen guests with just shorts on and drunk taking out the trash to the street; we also have guests coming out and smoking and leaving cigarette butts. 3/24/2019 3:50 PM 21 I haven't experienced it, by the households that are adjacent to the short term rental have voiced concerns. 3/24/2019 3:28 PM 22 Parking improperly—not heeding the six feet of clearance from the center line on an already narrow street. 3/24/2019 1:37 PM 23 outdoor shower - semi-public nudity - (my neighbor's kids can see them shower)3/24/2019 11:00 AM 24 Share a common driveway so cars coming and going 3/23/2019 6:53 PM 25 Short Term Guests not respecting privacy or neighbors' property 3/22/2019 9:24 AM 26 Rents are driven up by Airbnb 3/22/2019 7:35 AM 27 Unfair treatment of legal in law units.3/22/2019 6:45 AM 28 Security problems. Loitering 3/21/2019 7:55 PM 29 Airbnb in question — 12 Lido Lane — is a blight on our nehborhood. A constant stream of 15 - 25 guests every night in the summer, less over the winter. Rowdy ,clueless, thoughtless people who don’t give damn a bout neighbors. 3/21/2019 6:33 PM 30 Ignorance of complex rules 3/21/2019 2:26 PM 31 I bought a single family home and I don't want to live nextdoor to a hotel!3/21/2019 12:37 PM 32 Illegal building to make more rooms for Airbnb rental 3/21/2019 12:23 PM 33 I’m only aware of Sober living houses in my neighborhood 3/21/2019 12:14 PM 34 Drug dealer whose various helpers move in and out and re-park his 8 cars so everybody thinks a lot of people live there. Owner always rents to drug dealers or addicts. City does not have resources to monitor & they make various drugs there. 3/21/2019 12:12 PM 35 Blocking driveway with excessive cars 3/21/2019 12:06 PM 36 drinking and driving on a narrow road 3/21/2019 12:00 PM 11 / 53 Short Term Rental Community Survey 37 We share a driveway with our neighbors who have 2 STR . We have liability concerns ,loss of privacy, security problems. They have 2 guests every night thus acting as a motel in a residential neighborhood. 3/20/2019 8:54 PM 12 / 53 Short Term Rental Community Survey Q10 How concerned are you about the following challenges related to Short-Term Rentals? Answered: 397 Skipped: 12 1- Not Concerned 2- A Little Concerned 3- Concerned 4- Very Concerned No Opinion Impacts Party Houses Parking Noise Loss of Long-Term... Strangers in the... Resident Displacement Personal Security Increases in Housing Prices 0%10%20%30%40%50%60%70%80%90%100% 1% 1% 1% 1% 1% 1% 1% 2% 2% 2% 2% 2% 2% 2% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 1% 3% 3% 3% 3% 3% 3% 3% 1% 1% 1% 1% 1% 1% 1% 4% 4% 4% 4% 4% 4% 4% 1% 1% 1% 1% 1% 1% 1% 6% 6% 6% 6% 6% 6% 6% 34% 34% 34% 34% 34% 34% 34% 32% 32% 32% 32% 32% 32% 32% 30% 30% 30% 30% 30% 30% 30% 28% 28% 28% 28% 28% 28% 28% 27% 27% 27% 27% 27% 27% 27% 26% 26% 26% 26% 26% 26% 26% 25% 25% 25% 25% 25% 25% 25% 24% 24% 24% 24% 24% 24% 24% 22% 22% 22% 22% 22% 22% 22% 12% 12% 12% 12% 12% 12% 12% 16% 16% 16% 16% 16% 16% 16% 14% 14% 14% 14% 14% 14% 14% 16% 16% 16% 16% 16% 16% 16% 14% 14% 14% 14% 14% 14% 14% 16% 16% 16% 16% 16% 16% 16% 16% 16% 16% 16% 16% 16% 16% 15% 15% 15% 15% 15% 15% 15% 13% 13% 13% 13% 13% 13% 13% 12% 12% 12% 12% 12% 12% 12% 18% 18% 18% 18% 18% 18% 18% 14% 14% 14% 14% 14% 14% 14% 17% 17% 17% 17% 17% 17% 17% 14% 14% 14% 14% 14% 14% 14% 16% 16% 16% 16% 16% 16% 16% 14% 14% 14% 14% 14% 14% 14% 16% 16% 16% 16% 16% 16% 16% 14% 14% 14% 14% 14% 14% 14% 41% 41% 41% 41% 41% 41% 41% 33% 33% 33% 33% 33% 33% 33% 41% 41% 41% 41% 41% 41% 41% 38% 38% 38% 38% 38% 38% 38% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 44% 44% 44% 44% 44% 44% 44% 46% 46% 46% 46% 46% 46% 46% 13 / 53 Short Term Rental Community Survey • • • • • Q11 What option best describes your opinion on Short-Term Rentals in San Rafael? Answered: 384 Skipped: 25 San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should ban Short-Term ban Short-Term ban Short-Term ban Short-Term ban Short-Term ban Short-Term ban Short-Term Rentals Rentals Rentals Rentals Rentals Rentals Rentals San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should allow Short-Term allow Short-Term allow Short-Term allow Short-Term allow Short-Term allow Short-Term allow Short-Term Rentals but Rentals but Rentals but Rentals but Rentals but Rentals but Rentals but regulate them. regulate them. regulate them. regulate them. regulate them. regulate them. regulate them. San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should San Rafael should leave Short-Term leave Short-Term leave Short-Term leave Short-Term leave Short-Term leave Short-Term leave Short-Term Rentals Rentals Rentals Rentals Rentals Rentals Rentals unregulated. unregulated. unregulated. unregulated. unregulated. unregulated. unregulated. Not Sure/ Undecided Not Sure/ Undecided Not Sure/ Undecided Not Sure/ Undecided Not Sure/ Undecided Not Sure/ Undecided Not Sure/ Undecided 14 / 53 Short Term Rental Community Survey Q12 How would you prioritize the following Short-Term Rental regulations? Answered: 384 Skipped: 25 1- Not a Priority 2- A Minor Priority 3- A Major Priority 4- The Single Biggest Priority Ban all Short-Term... Require that the owner li... Restrict the number of da... Limit the Number of... Require additional... Require 24-hour loca... Require all rules to be... Limit Short-Term... Require Short-Term... Require neighbors be... Require exterior... 0%10%20%30%40%50%60%70%80%90%100% 15% 15% 15% 15% 15% 15% 15% 13% 13% 13% 13% 13% 13% 13% 13% 13% 13% 13% 13% 13% 13% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 9% 9% 9% 9% 9% 9% 9% 8% 8% 8% 8% 8% 8% 8% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 5% 5% 5% 5% 5% 5% 5% 8% 8% 8% 8% 8% 8% 8% 25% 25% 25% 25% 25% 25% 25% 29% 29% 29% 29% 29% 29% 29% 41% 41% 41% 41% 41% 41% 41% 29% 29% 29% 29% 29% 29% 29% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 41% 30% 30% 30% 30% 30% 30% 30% 36% 36% 36% 36% 36% 36% 36% 26% 26% 26% 26% 26% 26% 26% 15% 15% 15% 15% 15% 15% 15% 6% 6% 6% 6% 6% 6% 6% 22% 22% 22% 22% 22% 22% 22% 13% 13% 13% 13% 13% 13% 13% 23% 23% 23% 23% 23% 23% 23% 21% 21% 21% 21% 21% 21% 21% 22% 22% 22% 22% 22% 22% 22% 26% 26% 26% 26% 26% 26% 26% 20% 20% 20% 20% 20% 20% 20% 25% 25% 25% 25% 25% 25% 25% 19% 19% 19% 19% 19% 19% 19% 16% 16% 16% 16% 16% 16% 16% 71% 71% 71% 71% 71% 71% 71% 40% 40% 40% 40% 40% 40% 40% 45% 45% 45% 45% 45% 45% 45% 23% 23% 23% 23% 23% 23% 23% 38% 38% 38% 38% 38% 38% 38% 26% 26% 26% 26% 26% 26% 26% 23% 23% 23% 23% 23% 23% 23% 43% 43% 43% 43% 43% 43% 43% 33% 33% 33% 33% 33% 33% 33% 48% 48% 48% 48% 48% 48% 48% 64% 64% 64% 64% 64% 64% 64% 15 / 53 Short Term Rental Community Survey ■ ■ ■ ■ Q13 Is there anything else you would like to add? Answered: 190 Skipped: 219 #RESPONSES DATE 1 Strangers coming and going with our neighborhood children is of utmost concern. During the summer the owners are not home and have a person who comes just to check people in and then leaves 4/21/2019 8:41 PM 2 there is NO on street parking on some of the portions of our streets. Additional cars makes for impossible driving conditions. 4/21/2019 12:21 PM 3 Short-Term rentals are good for San Rafael because they promote San Rafael and its businesses. Short-term rentals should pay a registration fee, an occupancy tax, self-report on safety features, and get a credit for green technologies. 4/19/2019 4:33 PM 4 nope 4/18/2019 7:21 PM 5 For people who are retired and living on Social security this is an excellent way to make ends meet . 4/18/2019 5:56 PM 6 We need to rent our spare room out to help us with our mortgage now that we are near retirement.4/18/2019 5:03 PM 7 I think short-term rentals are great if the owner lives in the property and wants to rent an extra room for less than 30 days at a time. It's best for condos or an extra bedroom in a house. 4/18/2019 3:50 PM 8 you dont address short term rental of a room in the house while resident is living there. these short term rental regulations should be apply to essentially having a short term house mate 4/18/2019 3:40 PM 9 This really helps seniors keep their property.4/18/2019 3:19 PM 10 Our unofficial neighborhood watch has worked for many but an influx of strangers gives thieves a license to steal. If we don't know who 'belongs', we can't protect ourselves any longer. The owner needs to be in residence WHILE he has tenants because posting the rules is useless if he is not there to enforce them. I have heard of residents who move to another residence during rentals, leaving the neighbors to suffer if the tenants are unruly. Our street is narrow and parking is limited so, allowing additional parking without creating onsite parking, inconveniences residents. 4/18/2019 1:57 PM 11 We are entitled to have freedom of choices!Restrictions will make big impact on financial situation of homeowners who pay huge mortgages in area! 4/18/2019 1:50 PM 12 I am a new host, I have been enjoying having guests and giving back to the economy as for the local restaurants and shops and it has been pleasant , my neighbors know about it and they have no problem with this, there is no parking issues since there’s plenty of street parking, most of my guests are very respectful because they have been screened before they come to my house through Airbnb, as we also have house rules and mentioned on the site regarding our quiet neighborhood. Also it has helped me to pay portion of my monthly mortgage in addition I have the flexibility to have my space open for my own family when they visit. 4/18/2019 1:44 PM 13 This survey is very biased, very focused on the negative aspects of STH, and not the positive, like the additional taxes we pay, tourism $ for Marin, additional income for homeowners, the security of having someone occupy a house when the owners are on vacation, social benefit of renting out one’s place, the nudge to improve house upkeep, work for housekeepers, etc. Our housekeeper would lose income if this was banned. 4/18/2019 1:00 PM 14 People should be allowed to use their homes as they see fit. Perhaps that is income or the help they need to be able to stay in their homes as costs continue to rise for housing here in Marin 4/18/2019 12:44 PM 15 Short term Rentals should not have any restrictions.4/18/2019 12:22 PM 16 I think short term rentals allow some homeowners to stay in their properties. Especially single woman. We don't need more laws or regulations Please leave them alone! 4/18/2019 12:05 PM 17 I welcome travelers to San Rafael, short term rentals make our community more diverse and allows for local tourism. 4/18/2019 11:55 AM 16 / 53 Short Term Rental Community Survey 18 This is a non-issue. San Rafael should be focused on more important issues such as homeless in downtown and a traffic solution for 2nd and 3rd street when smart train crosses them. Short term rentals should be allowed to continue as they always have. 4/18/2019 11:46 AM 19 We have personally enjoyed staying in AirBNB style short term rentals around the world, and don't wish to see them ruled out in our area. 4/17/2019 9:10 PM 20 Not at this time.4/17/2019 12:47 PM 21 hours of coming/going has been a problem in my neighborhood because these short-term renters are on vacation and we all live here. 4/16/2019 8:09 PM 22 No additional units/storage or occupied be added to the existing property 4/16/2019 12:20 PM 23 My condo complex out of state has been totally changed by allowing short-term rentals. Some have noisy parties, pay no attention to rules and regs, no respect for others, etc. We have installed motion cameras throughout the complex, at a great expense, to record violations and are fining the owners. 4/14/2019 2:32 PM 24 I live at end of cul de sac. Huge fire trap. Vacation renters lack of knowledge and concern for fire . Too many illegally parked autos would not allow a fire truck to turn around. They have an outside grill near dry dense forest and many houses. One spark from grill could ignite terrible fire. 4/13/2019 1:48 PM 25 Shared driveway is a concern for lack of parking issues in neighborhood. If the owner of AB&B unit has to share their driveway with another house they should not be allowed to have an AB&B. 4/11/2019 10:10 AM 26 Seriously...freeway noise, sirens all day, homeless people living in their vans and cars under freeway and in our neighborhoods, being destructive, drug and alcohol addicts on the streets 24/7 using, having sex, making lude acts, prostitution, stealing constant break-ins with cars, living in the post office...these are priorities!!! Not short term rentals in a town that used to be beautiful and is no longer even safe. Don't make it more expensive for homeowners to utilize their rights and be able to afford to live here. San Rafael has become a dumping ground of horrible people and things, gone so far downhill in the 5 decades I've lived here that priorities are completely screwed up to have a survey to even think about charging a homeowner more money. And how sad and screwed up that our town is now about to approve a transient hotel to add more traffic and insult to injury. I am ashamed of what San Rafael has become...not to mention scared to walk in our own neighborhoods in what was once a perfectly safe and beautiful area. 4/10/2019 11:47 PM 27 I feel that each property should be looked at individually, to determine if short-term rentals might have any negative effect on the quality of life for their neighbors. Maybe something like the planning commission, but made up of primarily of members of the community. If it is not possible to craft regulations that would accomplish this, I would reluctantly support a complete ban. I also strongly believe that rentals should be strictly limited as to the number of permitted rentals per year ( 10-20?) with the city receiving a portion of that. Overall, I just believe that short-term rentals should not be allowed to become a business, or even a major source of income for the property owners. Let’s be honest with ourselves here - permitting short term rentals ONLY benefit the property owners, and will likely reduce the available permanent housing stock in the City. Without strict limitations on the number of rentals permitted per year, I suspect there will most likely cause an increase in home prices as well. People will likely pay more for a house if they feel the can have renters pay more for a house if they feel they can rely on these rentals to pay for a substantial portion of their mortgage. I’m trying to see this from both sides, as the option of renting our home periodically would be nice, but not at the expense of my neighbors. Many others could care less about how it affects others, and we should all be protected from those people. 4/10/2019 9:50 AM 28 This proposed tax has no good argument to help provide more long term housing, or help with any complaints (12 in the last 3 years; most from one property!) or anything else! The city just wants to have more revenue with NO good reason for regulating short term rentals! 4/8/2019 6:49 PM 29 Short Term rental people have all been more polite and considerate than a lot of the permanent residents! 4/8/2019 9:12 AM 17 / 53 Short Term Rental Community Survey 30 Short term rentals should not be regulated or banned by the City of San Rafael. We have a stand alone guest unit on our property and periodic rental of that unit has been the primary way for our young family to make ends meet. I gave up a full time job to become a parent of 2. Were it not for the modest rental income that in part replaces some of my previous salary, I could not have stayed home to raise our 2 kids without reliance on nannies, babysitters or daycare. Our unit, to my knowledge, has never been a full time rental. We have lived and owned here for 9 years. It was always used by the previous owners as an art studio and music studio- so its not like our current use as a short term rental is depriving tenants of a long term rental solution. Further, if short term rentals are banned, we wouldn't put it on the market for a full time rental. It is much more likely to be removed from the market to care for an elderly relative. We appreciate the flexibility of a short term rental because we can use it for family as needed, and have periods of no rentals when we want to go away to visit relatives, but get the benefit of renting it when we can. It also has helped us afford critical maintenance of the property- like necessary tree trimming and defensible space clearing, as well as sewer later repairs, roof replacement and the like. We believe that short term rentals alway generates money for the local economy in that they boost restaurant sales, local grocery store sakes and area attractions. Short term rentals are good for our community and should remain unregulated and to the discretion of the homeowner- not their old time neighbor/residents that pay significantly less in taxes and are merely convenience by seeing an additional car parked on the street next to our house. 4/7/2019 12:04 PM 31 I think if people own 3 units or less, that are rented this way, it should be ok. If we get large commercial operations taking over and doing this, that is a problem. 4/6/2019 9:35 AM 32 Every house should pass a safety inspection. Every house should have adequate off street parking. The neighbors should be able to have a Safe, peaceful and predicable living enviroment in their own home. 4/6/2019 9:15 AM 33 i don't think single family home residential neighborhoods should be used for short term rental like air bnb due to security risks 4/5/2019 4:54 PM 34 Don't want strangers living in my neighborhood. It's called a neighborhood, because we want neighbor's, not visitors or tourists. There is not "extra" parking available. This stinks. BAN THEM! 4/5/2019 4:47 PM 35 San Rafael needs permanent housing for those living on the streets and not for visitors from somewhere else that have no respect for us local homeowners. There will be a conflict over speeding and parking as we have already experienced on La Vista Way!! 4/5/2019 3:46 PM 36 Annual license fee. Annual inspection - fire department / building department 4/5/2019 2:31 PM 37 Could be nice to enforce noise ordinances / fines for noise complaints (eg >3 in a calendar year).4/5/2019 12:16 PM 38 no 4/4/2019 12:07 PM 39 Renters should require prior approval of landlord before being able to short-term sublet.4/4/2019 10:11 AM 40 My next door neighbor is essentially running a hotel in our neighborhood with over 50 people or groups staying there over a 8 month period. Not paying any taxes and undercutting hotel prices while changing the tenure of the neighborhood 4/3/2019 11:45 PM 18 / 53 Short Term Rental Community Survey 41 Please be aware that you are lumping single family home rentals and multi-family unit rentals so that people can not see the unique problems to both types of rentals. Especially, the many problems of multi-family rentals where a short-term rental owner is more than likely has rented several units within the same complex and renting them out (subletting really) on short-term rental sites or on a corporate housing website. They (Short-Term Rental Owner (STRO) can and do take up a good percentage of units within the same apartment complex. This is turning the same apartment complex into a hotel (w/o the taxes) and a lot more problems. These problems are (again, in the same apartment complex): a. Taken numerous units off the market for long-term tenants of Marin. b. They have up the rental prices of the existing rental units because of the demand and ongoing turnover of the same short-term rental units. c. Usually, the STRO has their own maintenance and housekeeping people/staff on hand to fix any maintenance problems, to do housekeeping and removal of trash and recycling, in which they improperly dispose of this trash, causing the apartment complex maintenance staff to clean and sort properly the trash items. d. These problems transfer to the regular residents in terms of costs and annoyances. e. The short- term rental residents more than usual do not follow the rules of the complex even though they receive said paper from the STRO. f. One of the most annoying rules that the short-term rental residents do not obey is smoking. No matter how many times they are told by the actual property management of the apartment complex the short-term resident disobeys the rules. And you can now get short-term smokes all the time in the same unit because now the STRO has most likely designated that unit to be a smokers unit, even though they know it is a non-smoking apartment complex. g. I would say by all the identifiable characteristics of a short-term rental unit and actual current information of other long-term tenants that about 40 percent of our apartment complex is either an Airbnb, short-term stay company or a corporate housing company unit. h. My knowledge is from variety of sources. I am a long time property management professional (and actually have worked at my current apartment complex), I’ve been a resident of the same apartment complex now for 15 years, and I walk my dog a couple of times a day and meet up with other tenants (long and short-term) who give me their feedback on the situation. I hope you can separate the two types of short-term rentals and restrict their limits on the amount of units that can be short- term/corporate housing units. Maybe even designate by the town/city which units can be used as a short-term rental unit. As a long term renter I can see the lasting damaging effect that these SRTO units can do to an apartment complex, in all ways, monetarily and community-wise. 4/2/2019 5:44 PM 42 I like the freedom for homeowners to have the right to offer short trem rental if they need it. I don't want local housing stock to suffer as a result of short term rentals. 4/2/2019 5:23 PM 43 No 4/2/2019 6:09 AM 44 Short term rentals are done for sheer greed. If one cannot afford the mortgage on a second or third home, sell it. There are hotels and motels nearby that can handle extra occupancy and parking. Greed motivates people to rent short term *Airbnb. If people only owned their own homes that they actually live in, it would free up homes for first time buyers or if they want to have rental property, they should rent it long term, otherwise its adding to the rental/housing shortages. San Rafael is getting a new Hotel, people can stay there eventually also. Short term rentals bring parking problems to already congested streets/neighborhoods and parking lots it also brings unsavory people to neighborhoods that have no investment in the area and therefore they could /may be willing to cause issues with trash/drugs/loud parties etc. Last, if there is no way to stop this. Tax them. Make the tax EXTREMELY high Make them prove there is parking on the property and that they are responsible to make sure there is only the amount of vehicles brought to the area as that homeowner has space. Make them pay taxes that the hotels would pay. Make them pay for inspection of property prior to renting short term and every 3 to 6 months after, make them pay the inspection fee each time. Make the homeowners show you they have insurance that covers the use of the home as if it were a hotel and not a residence. Every single thing the city does should be on the homeowners dime because they are essentially running a hotel out of their property. If you can make them understand that it's not just about "it's their home so they can do what they want to" maybe they will understand that if they want to run a business, they need to be professional about it and pay the taxes. They also need to let the neighborhood know that they are running a business out of their home for safety reasons. Their safety and the safety of the short term renters 4/1/2019 6:23 PM 19 / 53 Short Term Rental Community Survey 45 I believe that short term rentals can be an important if not crucial source of income to people who participate. Income that may make a difference in their livelihood might they be unemployed unexpectedly or face another type of hardship. It is much like renting a room in your house to a student or having a subletter in an in law only more organized and less permanent. I have personally used airbnb and found that it is well maintained, pretty transparent and offers protection for the renter and the owner. Nothing is perfect but renting a room or in law on your property can be complicated for the owner and hard to remove a tenant that might not pay the bill or is having their own hardship. I know many people who have been able to afford their mortgage using airbnb after losing a spouse (breadwinner unexpectedly) and going through a divorce. I know personally of other more concerning profit making housing organizations like sober living environments that are more of a concern for me on my street than short term rentals. This type of housing seems to be totally unregulated. In particular on my street there is an SLE that houses 8 adults with 5 or more cars and concerning drug behaviors. None of the homeowners on our block were notified of this business on our block and this feels more problematic than short term rentals through a regulated organization like airbnb. 4/1/2019 4:38 PM 46 Short term rentals shut out long term renters.4/1/2019 4:20 PM 47 The rapid rate at which short term rentals are popping up in San Rafael is drastically changing the character of our city, as short term units are often driving up the price or taking the place of long term rental residences entirely, and are no longer available for Marin locals to call home. This, in conjunction with the issues inherient with short term guests lack of vested interest in the wellbeing of San Rafael, will cause major problems for our way of life in the not-so-distant future. 4/1/2019 3:37 PM 48 Renting a room could be very helpful here in San Rafael; I know of many houses where only 1 person resides, who has limited income. It provides an economical place to stay for visitors, like our out of town guests and adult kids. Rental houses must look perfect, which helps property values. Renters who act badly, will get a bad review, and not be able to rent again. 4/1/2019 3:19 PM 49 Owners must register their units and pay a tax per rental night to the city.4/1/2019 2:03 PM 50 Currency the transients in the neighborhood near downtown San Rafael are a larger issue in this community. Would like to see Ritter House addressed and prioritized over law abiding guests who are Airbnb-ing in the neighborhood, especially if they are renting where owners remain in the home. 4/1/2019 1:52 PM 51 Because we are in such a desirable area for visitors/tourists it may be more profitable for folks to rent out their units as short term, thereby further diminishing the regular rental inventory. This is not good for working folks in San Rafael. 4/1/2019 11:48 AM 52 The ability to earn extra income, keeps money in the neighborhood rather than corporations or multinationals earning money in San Rafael and shipping the profits elsewhere. 4/1/2019 11:17 AM 53 Short term rentals drive up the monthly rental rates, because owners/landlords know they can make more money through short term rentals. While this may help the homeowners of San Rafael, the local residents of Marin county will be impacted by a lack of supply of affordable rental units 4/1/2019 11:11 AM 54 This seems like the city council is in search of a problem where there isn't one. It seems that resources (time and money) are being put into 'researching' STR and 'coming up with solutions' but there is no problem to be had and these resources can be better used serving our community. 4/1/2019 10:56 AM 55 nope. the answer to more affordable housing is not getting rid of Airbnb listings. it's raising people's pay. 4/1/2019 9:59 AM 56 I believe the "how concerned are you"... question was written with bias. By suggesting concern about the issues, you're inherently suggesting to the survey taker they should be concerned. I would suggest reframing those questions so they are less biased. I would also like to add that we shouldn't blame "short-term" rentals on the housing crisis. We, as a community, need to be comfortable with density and building MORE housing. It's extremely "NIMBY" to blame short-term rentals as the cause for the housing crisis. We need to find a way to maintain the character of our town while building additional housing. I believe it is possible when done right. 4/1/2019 9:43 AM 57 On our street on El Pavo Real Circle, there are 9 elementary ages kids and 1 for sure short term rental with loads of people in and out and possibly another home sporadically. I worry for the safety of children with multitude of strangers coming in and out of our small residential street. There is no regulation or requirement of what information is gather about the people staying in these rentals (especially if there's multiple people but only 1 signing up). It will be a tragedy if something happens to a child from one of these strangers. During the summer is tons of comings and going and all times with all different short term renters. Speeding up and down as well. 4/1/2019 9:42 AM 20 / 53 Short Term Rental Community Survey 58 We live in a family oriented residential neighborhood with children playing on the streets. We have an Airbnb rental across the street from our house, and waking up every week to see different strangers in the house across the street is unsettling. We are concerned about safety, we are loosing the neighborhood feel, and we are concerned about parking as well, but mostly the fact that we dont know who is going to be in the house across the street at any given time during spring and summer is of great concern. And there ais no entity to contact should trouble arise. 4/1/2019 8:59 AM 59 We have a short-term rental in unincorporated Marin. We did all the permits anrent it 1 to 2 weeks a month. It allows us to still use the home when we want and gives us more control over the management of the house. We have other house s we can stay out if area but still want and need to come back to San Rafael since we have business es here. We love being able to use our investment and home this way and stay in the community. We have only rented to people coming here for business reasons or family vacations. We state clearly this is not a party house and has noise restrictions. Have had no issues. We provide two parking spaces off street. This is a plan we could continue into our retirement which is 5 years away. We have not added on to our house. It's a single family residence. 4/1/2019 8:34 AM 60 Short-term rentals shouldn’t be subject to more restrictive rules than long-term. In both cases, there should be respect for neighbors. 4/1/2019 8:06 AM 61 These surveys are bogus. Airbnb is very apt at mobilizing its users, and having them deluge these types of surveys with self serving responses. 4/1/2019 8:00 AM 62 This income keeps me from having to sell and move, more luctrative than 4/1/2019 7:50 AM 63 no 4/1/2019 6:18 AM 64 In the name of housing, jurisdictions are micromanaging home ownership. If regulated, city will collect taxes from hat will NOT be invested in housing that will make a difference. 4/1/2019 4:04 AM 65 All short term rentals should be banned in Marin Co 4/1/2019 1:02 AM 66 Folks have been renting their places, rooms, extra space for ages. Thus is simply a new way of doing it that helps to put money in city coffers and allows renters and owners to help pay bills, make ends meet, meet new folks and bring increased business to local businesses. As long as the person is a responsible host there is no issue, and nearly all are. On top of that all my years of being an Airbnb host and guest I have had zero issues Groups like Airbnb help identify guests and bring regulation to this formally anonymous enterprise. It should be allowed to continue and regulated and taxed appropriately. I feel bans are very damaging and do not stop the issue but make it more dangerous as it goes underground. 3/31/2019 9:18 PM 67 The short term rental near our house has a disastrous lawn. The owner should live in the bay area, or have a manager to manage the property. I don't want to see houses divided into duplexes or triplexes as has happened in some cities, or a greedy rich person buy up all the houses so they can rent them. We have 1 or 2 rentals short term within about 8 blocks. No more than that is good. 3/31/2019 7:43 PM 68 Airbnb and VRBO help homeowners keep the homes they have worked very hard to acquire. These companies are services that allow homeowners to stay in their homes and also allow homeowners to travel more and live a better lifestyle as they can use the funds from their short term rental to travel in retirement. Do not regulate short term rentals. Neighbors should have no input on whether or not I can rent my home. 3/31/2019 7:08 PM 69 Short term rentals , especially Party houses are not only bad for the neighborhood, and take away our peace, they also will affect prices when we go to sell. Why should a big party house be allowed to take away our quality of life? Ban all airbnb’s 3/31/2019 6:59 PM 70 Get government out of the regulation. San Rafael is looking for new fees. I will not ever be a short term rental landlord. I am continually offended by the over reaching try at regulating our personal lives by the City of San Rafael. 3/31/2019 6:38 PM 71 Like I mentioned above renter was subletting. We have enough problems with regular rentals who aren’t watched. Also our CCR in villa real probably limits it as well. Stick to 2nd units for affordable housing for workforce like a dental assistant or nurses. People who want to do this will work around you. Make sure to have people walk around and enforce. 3/31/2019 5:48 PM 72 Neighbors have been listing their ADUs & rooms for rent (a single unemployed mother) w no problems - guests have been very respectful. I don’t think it should be up to us to tell someone they can’t rent - we’re not aware of poss financial problems that this might allow them to stay in their homes 3/31/2019 5:36 PM 21 / 53 Short Term Rental Community Survey 73 These rentals are bad for pricing in our neighborhoods, especially with how high housing costs are already. They hurt minorities and low-income people the most, and we have to protect all our citizens. 3/31/2019 5:34 PM 74 Many families are being squeezed out of our community. The midddle class is disappearing.3/31/2019 4:27 PM 75 Nope 3/31/2019 3:05 PM 76 If done with respect, they can be a nice revenue stream for owners while on vacation or traveling... 3/30/2019 8:40 PM 77 collect the proper taxes. Health inspections. Hot tub and swimming pool inspections. How rentals affect immediate neighbors. 3/30/2019 11:47 AM 78 Hands off property owners.3/29/2019 9:34 AM 79 Get ride of short term rental. They are changing our lively community. I’ll move somewhere else where if it continues. 3/28/2019 10:18 PM 80 Please understand the distinction between someone converting an entire home to STR which is of concern, vs someone renting a bedroom or two in a home they occupy. There is no impact on parking if Rooms are slept in by guests vs. residents. We already have laws against disturbances and noise and don’t need more rules. 3/28/2019 10:00 PM 81 I have a short term rental within my house and it helps me to pay the mortgage which is high. It also allows me the flexibility to not decide when I have guests. I would otherwise not rent the room. In my one plus year experience, I have seen the community reap the benefits from my guests visiting San Rafael for social, work, tourist, and family reasons spending money in the community while dining, shopping, entertainment etc. I also have allowed evacuees from the Sonoma and Paradise fires to stay here for free. I feel that all of this contributes positively to the community small and large. 3/28/2019 9:31 PM 82 no 3/28/2019 8:06 PM 83 Units that are used exclusively for short-term rentals eliminate critically needed rental housing for people who live here. I'm strongly opposed to allowing residential units to be used exclusively for short-term rentals. 3/28/2019 6:03 PM 84 I'm unaware of any issues related to short term rentals in San Rafael.3/28/2019 5:59 PM 85 Survey biased against short term rentals.3/28/2019 5:52 PM 86 How do you define short term - days, weeks? My biggest concern is groups that have large, noisy evening parties and hog all the available street parking in a neighborhood. 3/28/2019 1:07 PM 87 No.3/28/2019 12:26 PM 88 I'll email you if I think of it. Thanks Ethan!3/28/2019 12:26 PM 89 Allows older citizens to stay in their homes 3/28/2019 11:20 AM 90 The Status Quo is working just fine. With less than 12 inquiries OR complaints over a 3-yr-period, short-term rentals are simply NOT a problem in San Rafael. Pls don't make life difficult for homeowners who rely on STR income to stay here in our community. 3/28/2019 10:27 AM 91 I think Airbnb is actually a good way to make money. Both for homeowners who need extra cash and for the city. 3/28/2019 10:04 AM 92 As a homeowner who does rent my home for less than 10 days per year while we vacation I am very interested in this issue. I am very aware of several long term rental situations in my neighborhood that were not permitted by the City of San Rafael. I know this because I have complained to the homeowners about lack of street parking and lack of consideration in breaking up spaces in one's home to bring in long term trental tenants who have no vested interest in maintaining the neighborhood. The impact on the neighborhood is largely parking since these units have not been required to supply ANY off street parking, or forced to have extra trash collection/containers etc. I understand that SR has a very lenient attitude toward "unpermitted in- law units". Therefore I find it curious that the city is trying to tax people or impose other restrictions for simply renting their home out for a few days a year to short term visitors who also spend money in SR for dining, shopping, excursions etc. I'd be happy to discuss this further if beneficial. 3/28/2019 9:40 AM 93 Short term rentals can help property owners make extra income. I would think this could be good for the city of san rafael as well if they benefit from taxes. 3/28/2019 9:35 AM 22 / 53 Short Term Rental Community Survey 94 We don’t need any regulations on something that hasn’t been an issue of concern in the city.3/25/2019 6:38 PM 95 We often stay in Airbnb units when we travel and they are great.3/25/2019 3:58 PM 96 Not at all aware that it is aproblem in myarea 3/25/2019 10:45 AM 97 Will results be made available and published on NextDoor? Would be appreciated! Thanks 3/24/2019 9:58 PM 98 Deliveries to stock these rentals should not be stacked in the street (I.e., pallets of soft drinks and water). It’s dangerous to traffic. Renters should be fined if they block neighbors access or driveways . 3/24/2019 9:11 PM 99 No 3/24/2019 6:19 PM 100 No 3/24/2019 4:05 PM 101 More thorough parking regulation and enforcement. Like San Anselmo, I'd like to see street parking permits be enforced on Greenfield Avenue. As it is, we have people not using their garages for cars and parking 1, 2, 3 cars on the street. A new house was just build for Airbnb with no driveway or off-street parking provided. It's a narrow street, my car was involved in a hit and run several years ago, and the street is a bicycle route. Also, there are many new young children and the speed limit doesn't get enforced. More cars on the street only add to the issues through short-term rentals. I say each resident gets two parking passes per household for the street. And, ask that 72-hour parking rules are enforced. We've had cars park our in front on the street for over a week. And, we've had guests block our driveway on several occasions. I'd like to see the owners also share responsibility for the issues; a ticket for the car and a ticket for the property owner for being part of the problems. 3/24/2019 3:59 PM 102 Noisy neighbors. Even long-term renters can be noisy, and the owners don't respond. Require 24 hour response from the owner on noise complaints . Require a valid phone number. 3/24/2019 3:46 PM 103 Police should monitor nuisances and infractions at short term rentals.3/24/2019 2:37 PM 104 No 3/24/2019 1:09 PM 105 Homeowners should be allowed to do what they want with their properties as long as it doesn't interfere with their neighbors. 3/24/2019 12:15 PM 106 Require parking for renter’s vehicles. That is not necessarily “additional” parking. So can’t answer that question but you require an answer to move on. Require 24 hour local contact. With who? The owner or renter. Again can’t answer with your choices yet can’t move on without an answer. 3/23/2019 9:55 AM 107 How is this additional income reported to the State and IRS?3/23/2019 9:23 AM 108 No 3/22/2019 3:33 PM 109 San Rafael already has a very limited housing stock and a large number of renters. People choosing to rent out their property and live elsewhere have little investment in the local community and do not contribute to sales taxes and other revenue streams. I am concerned that if short term rentals are unregulated the homes available for purchase will continue to shrink as people keep property and rent it out, making long term residency and investment in San Rafael more difficult. What will be the long term impacts on the social fabric of the community? I am also concerned investors will purchase property solely to rent, again limiting the options of people trying to make San Rafael their home and gain property equity. Lastly, short-term rentals take away from hotels and the associated lodging taxes and fees. Short-term rentals should be taxed in the same manner as hotels to assure the City and County do not lose revenue and continue to provide the essential services supported by such funding avenues. I fear that doing nothing or not regulating short-term rentals at all will have negative long term impacts and be a lost opportunity to improve housing options in San Rafael and maintain revenue streams. 3/22/2019 2:38 PM 110 The city should mind its own business and let property owners do as they like with their property- as long as no existing laws are violated. Isn't it called "private property"? Why do I think this is just the preliminary to another tax? Your survey is clearly very biased. 3/22/2019 2:04 PM 111 Mini Units built to provide affordable housing should never be allowed as short term housing 3/22/2019 12:29 PM 112 I am concerned about long-term rental units being converted to short-term rentals thereby displacing long-term residents and increasing rents. 3/22/2019 10:08 AM 113 If enough adjacent neighbors disprove of the short-term rental, the house can be banned from being used as a short-term rental. 3/22/2019 9:35 AM 23 / 53 Short Term Rental Community Survey 114 As a first time homeowner and family of four, we would not be able to afford to live in San Rafael if we didn’t have our accessory unit. We bought the house specifically with a separate apartment so that our parents can stay with us for long stretches of time comfortably. We hope someday that they might move in with us. We rent it maybe 10 times a year to weekenders or people on business. We follow all the rules, make all the arrangements, and adhere to all the necessary safety and parking precautions. Our taxes and fees are already at a peak. We pay 18k in property taxes a year, PGE is going up, gas is through the roof. If you regulate or add additional taxes to people like us it will drive us away. 3/22/2019 9:17 AM 115 I believe in private property rights. I should, within reason (as long as I am not hurting or disrupting my neighbors), do what I want with my home. It is also one way to help me stay in my home as my work income lessens. 3/22/2019 8:14 AM 116 The housing crisis is been caused by agencies like Airbnb. So many rentals have been taken off the market, and I do understand people want to make more money. However, long-term renters are being priced out, and forced to live in conditions that are much worse than they’ve ever been. We are paying in some cases twice as much, and getting much much less for our money. 3/22/2019 7:37 AM 117 If mini hotels are allowed, deed restrictions on in-law units must be reversed. How do you justify lowering my property values with deed restrictions and allowing hotels in single family zoning? 3/22/2019 6:49 AM 118 No 3/22/2019 4:47 AM 119 We currently have an ADU and utilize a short term rental service. In the years we have been doing this, we have had more issues with long term renters that short term guests. We encourage all of our guests to eat and shop locally and many of our guests do not have a car as we are near downtown. I feel that a one time inspection is a great idea as well as having the owner live on the property. This is a fantastic way for us to supplement our income and share with visitors the beauty of San Rafael. 3/21/2019 10:35 PM 120 We already have a massive shortage on affordable housing and this will just add more stress on the working class/middle class of Marin who suffer to find a place when they need it. Also, it will increase rents. 3/21/2019 10:18 PM 121 Thank you for the opportunity 3/21/2019 9:39 PM 122 How dare you propose to interfere with individual property ownership rights. Health and safety rules, regulations and laws are already on the books. No need for government overreach. 3/21/2019 9:20 PM 123 no 3/21/2019 9:13 PM 124 No 3/21/2019 8:55 PM 125 My landlord is in the process of converting the lower unit of the duplex I am in. I am afraid that the added noise, disruption of people arriving at all hours, and discomfort of not know who is in the unit or when it is occupied will impact me to the extent that I will have to find new accommodations. I am 88 years old and any change is a challenge. At this point there is one meter and I am responsible for PGE,water and trash. I don't know how this is going to be resolved. There definitely has to be some kind of city oversight. 3/21/2019 8:52 PM 126 I believe people should have the freedom to use their property as they see fit. As long as it’s done responsibly. I have rented my own house as I was going through financial troubles and it definitely helped me avoid bankruptcy proceedings and for that I’m indeed very grateful. I hope San Rafael won’t ruin this opportunity for both short term renters that need a furnished place while they’re getting work done in their house and owners who could use the financial help. 3/21/2019 8:35 PM 127 The most important concern is access to affordable long term rental properties for residents of all income levels. 3/21/2019 8:25 PM 128 I feel that your multiple choice answers, with the strongest "no" answer being "not a priority" are skewed for everyone to basically ban short term rentals. I would like to have a short term rental of a month or more, but I am afraid that I will be hit with fees. I will not rent to a long term renter 3/21/2019 8:15 PM 129 If you are going to regulate then make sure you enforce every regulation. Have meaningful penalties that can deter issues in the first and make sure a city tax is paid. 3/21/2019 7:59 PM 130 I haven’t seen any evidence of a problem nor have any of many friends mentioned a problem 3/21/2019 7:38 PM 131 City must hold airbnb hosts accountable for their impact on neighborhoods. What possible reason can there be for not upholding neighbors’ RIghts. San Rafael has turned into a wild western town. Enough! 3/21/2019 6:42 PM 24 / 53 Short Term Rental Community Survey 132 Yes allow them! We need more business and there is too much nimbyism 3/21/2019 6:14 PM 133 Parking is a nightmare as it is and I wish there was more regulation regarding this. One neighbor at 40 Hacienda Ct. has an RV, two trucks, a van, SUV, compact car and also rents out a back unit to somebody with a truck. There is not adequate parking as is and I would like to see some more regulation regarding this so we can park outside our own homes and occasionally have guests. 3/21/2019 6:13 PM 134 Rental housing is in extremely short supply in the County. I strongly oppose anything that reduces the amount of stable, long-term rental housing. Also, the character and stability of a neighborhood can be adversely affected by an abundance of short term rentals; it affects us all, renters and owners. For the sake of the strength and cohesiveness of our community I strongly urge you to take all this in consideration, and limit short term rentals to a level that does not impact long term rental housing or neighborhood character. 3/21/2019 6:12 PM 135 We used to short term rent our home for about a week a year. Have terminated doing this since the time and effort required to report our earnings **every month** is ridiculous. 3/21/2019 4:58 PM 136 I don't know what you mean by limiting short-term rentals to one per resident. Do you mean limiting the number of persons who can occupy a short-term rental to one? If so, I don't see that as a priority. 3/21/2019 4:50 PM 137 It is ridiculous and ludicrous to even waste time with a proposition like this! It totally goes against people's freedom to do whatever in their homes as long as it does not disturb neighbors and infringe the law. WHY NOT BE CONCERNED WITH PUBLIC LIGHTING - IT'S PITCH BLACK AROUND THE CITY AT NIGHT!!!!!!! 3/21/2019 4:33 PM 138 Increase of Airbnb's do affect the rental market and this is already a tight and over priced housing market. I think some limits are in order If a new owner is purchasing a home and they already have one Airbnb, I would like to see some limits on purchasing housing strictly as a business. If it is rented as long term housing, it serves the local community. If it is rented as an Airbnb, it serves the owner and the tourist community only. Airbnb has the potential to dramatically change the rental market as it has already done in many parts of the world. I do think some regulations are in order particulary for those who are only looking to use their rentals for Airbnb. Maybe limit it to one property max and beyond that must be resrved for long term housing. Which is still plenty profitable in Marin Thank you 3/21/2019 4:32 PM 139 I am concerned about party houses with the attending noise and garbage 3/21/2019 4:22 PM 140 Short-term rental of a spare room/in-law unit/own house when away provides financial relief and helps less wealthy homeowners pay for a mortgage or other expenses (and it would be useful as well for renters to help with the rent, if renters had rights). It should not be a full-time business keeping several properties out of the real estate/full-time rental market. 3/21/2019 4:13 PM 141 no 3/21/2019 3:59 PM 142 It may be that short-term rentals actually help residents sustain their properties, considering that housing costs and demand continue to rise as a result of a continually greater population. It's necessary to consider the pluses and minuses (the gray areas) between both positions as outlined —that is, rather than seek a kind of polarization of answers and participants. Some of the survey questions appear to be framed such that they skew the possible answers, toward the banning of short-term rentals and the fanning of fear, whereas positive possibilities might equally have been included in the mix (the other side of the coin, as it were—in other words, rather than having someone respond that they're not concerned about the parking impact, or they're very concerned about it, you're making parking into a problem, and it might not be a problem at all or might be resolved in creative, acceptable ways). In question 9, the categories "Not a Priority", "A Minor Priority," "A Major Priority," and "The Single Biggest Priority" lend certain presumptions to the questions being asked and do not allow for an open-ended response that might give you insight into true concerns people have. People may in fact not be polarized about short-term rentals, and so it may be more useful to frame the questions in an "educational" way—that is, first state the particular concern and give its balanced "sides" so that people have enough information on a subject they may not know much about (rather than your subtextually creating a context simply by choosing the terms of focus)—and then ask the question. 3/21/2019 3:39 PM 143 1. Occasional short-term rentals are fine, but it should not be a consistent business in a single family neighborhood. 2. Short-term rentals should be licensed, regulated and supervised for proper conduct that does not bother immediate neighbors. 3. Traffic and noise generated at the house would be my primary concerns 3/21/2019 3:36 PM 25 / 53 Short Term Rental Community Survey 144 These questions seem very biased nothing looking at the advantages like people on limited income being able to keep their home through short term rentals, etc. 3/21/2019 3:27 PM 145 Since a granny unit doesn't require any outside regulation, neither should a short term rental 3/21/2019 3:11 PM 146 Rules should vary depending on how urban the neighborhood is. HOAs should be allowed to ban them. 3/21/2019 3:04 PM 147 Short term rentals are a great way for local residents to make some additional income. However, leaving unrestricted, it will diminish housing for longer term residents and significantly effect who can live here. Allowing owners some income from short term rentals but restricting # days or looking at problems in other communities assoc with STR will help guide restrictions so folks can benefit from the income without completely removing exhausting housing from the long term rental market. ( 3/21/2019 2:29 PM 148 This is such a waste of public policy and time 3/21/2019 2:28 PM 149 I don’t want short term rental in San Rafael!3/21/2019 2:23 PM 150 No shorter. Rentals. This is a residential community, not a hotel community.3/21/2019 2:19 PM 151 As a complete ban may not be feasible, How would the city be able to enforce any limits? Enforcement would require Human Resources which are costly. Is there a way to generate revenue for the city through short term rentals, to pay for enforcement of regulations? 3/21/2019 2:17 PM 152 If the county makes renting too cumbersome, I'll simply not rent anymore and there will be less available housing in Marin 3/21/2019 2:15 PM 153 I have done short term rentals in another city. Sadly,rather than giving it a try and assess from REAL data, cities, most recently in Sausalito, rely on false information (sometimes literally made up stories), NIMBY-isms, and fear mongoring rather than weighing the important considerations, some of which you mention in your survey. I would highly recommend working with the short term rental platforms such as VRBO, and AIrbnb (which has the highest hosting standards and is a very responsible community "citizen" in designing regulations or guidelines for San Rafael. Over regulation is not the answer. Short term rentals and housing issues are apples and oranges which the media and cities have made into a fruit salad that does no one any constructive good. Short term rentals are also two different kinds. Hosted (owner lives on site) and non-hosted (owner not present). Therein alone, is a huge difference that MUST be considered if a city wants to make educated choices. I would be interested in meeting with Ethan Guy if he is interested in any more details. Thank you for the consideration of conducting this survey. I wish the City of San Rafael much success in this exploration. Sincerely, Maria Lobanovsky 3/21/2019 2:08 PM 154 Much as I'd like people to be able to make some extra money, we have a severe affordability crisis in San Rafael and Marin and we should not be doing anything that might negatively impact the volume of long-term rental units and shared rentals. I don't see where any of the restrictions you might impose would make a difference in the availability of rentals. So the only fair and sensible option is to ban them all. Well, if someone is leaving town for a period and wants to rent out, sublet, or exchange their place , that should be permissible. But turning living spaces into commercial enterprises via airbnb or other vacation rental businesses, is one of the factors disrupting the local, long-term rental market and driving people out of San Rafael and Marin. 3/21/2019 1:55 PM 155 Short term rentals should be regulated but not too stringent that will make it undesirable to operate. Renters shall be screened carefully to reduce the likelihood that the renters will generate noise and become a nuisance. 3/21/2019 1:52 PM 156 8 blocks away a stabbing, 5 blocks away there was a killing, I live close to the canal there is an over abundance of transients and people last thing we need is a total short term rental party scene I can’t even find parking and I need to park on the street and I still get tickets $75 apiece this is ridiculous there is no regulation at all I call Barbier Security and the police often this is ridiculous I will fight this 3/21/2019 1:41 PM 157 I think it's a great idea.... hope it works out.. I use AirBNB and love it..... they screen very well the people they rent to... 3/21/2019 1:35 PM 158 no 3/21/2019 1:30 PM 159 No party houses 3/21/2019 1:27 PM 160 Do not want rentals in our neighborhood.3/21/2019 1:25 PM 161 No 3/21/2019 1:17 PM 26 / 53 Short Term Rental Community Survey 162 control of income. most are hidden incomes 3/21/2019 1:14 PM 163 Require off street parking is essential in addition to limiting the number of days 3/21/2019 1:01 PM 164 Allowing owners to rent out a room or two, is good. “Bed and breakfast “ are a European tradition, and have been an accepted alternative for people to stay in for as long as I can remember, at least 60-70 years. Visitors to a town should not be restricted to Hotels. Visitors will often have a better experience with a private home owner than with impersonal hotels, they get a better feeling for the town and local recommendations 3/21/2019 12:59 PM 165 I don’t really have a problem so long as their is a 24 hour contact, they are not party houses and it is not a full time gig. If someone wants to do a house swap or rent it while gone, no problem. 3/21/2019 12:55 PM 166 I want to be able to add a unit to my property for short term rentals.3/21/2019 12:50 PM 167 I think it’s a right of the American people to be able to have short term rentals. Unfortunately, with a higher rental rates in San Rafael, it’s pretty much a no-win situation. If anything, you should try to incentivize increase people to provide affordable long-term housing. 3/21/2019 12:50 PM 168 While I feel that home owners should have freedom to rent as they need... I also am concerned about the loss of housing for the work force of Marin. As a homeowner, I would prefer to create affordable housing, but I also understand that short term housing in a tourist area like Marin is a crucial source of income for people (as myself). It has to be a balance? not easy ! thanks for addressing the issue. 3/21/2019 12:49 PM 169 City should tax short term rentals so that the community can benefit from them.3/21/2019 12:43 PM 170 Ban all short term rentals. 30 day minimum 3/21/2019 12:40 PM 171 Homeowners purchasing in single family neighborhoods shouldn't be forced to live next to short term rentals. They are disruptive and objectionable on the face. San Rafael needs more long term housing. Short term rentals fly in the face of this in every dimension. They are not helpful. 3/21/2019 12:40 PM 172 This city has no business restricting the property rights outside of the noise and safety regulations already in place. 3/21/2019 12:39 PM 173 In the past I have been a 'host' and a 'renter' for short term rentals. There should be no regulations. Taxes are already levied on income. 3/21/2019 12:33 PM 174 There is no reason why the county should get involved at this point. It seems Like another regulatory issue that will fill with red tape and never get solved. The process works well in every other city. More regulations and oversights and paperwork and added fees are NOT what homeowners need. 3/21/2019 12:27 PM 175 These rentals have greatly impacted my quality of life for he worse.3/21/2019 12:26 PM 176 The city needs resources to monitor the housing it already has. There are exactly 2 officers for drugs and dealers and meth manufacturers know they can't monitor the number of drug houses in San Rafael. So how are you going to monitor party houses? Have some fee that pays for extra poluce. Also meth dealer next door to me had child removed which took 5 years, county monitors over 3 units & city leaves you alone if under 3 so they used the floor in the bathroom instead of the toilet and trashed the whole house, poor elementary school child had to live like that - ok so that's ling term, but short term can have dealing, child/"human" trafficking, please charge them fees so San Rafael has the resources to monitor. If you rent short term, have an inspection. Company in Australia has meth detectors, meth is a problem here from the amount of my previous and current neighbors' manufacturing/sales. Current neighbor manufactures before holidays then they're gone a few days selling it. Takes 1 day in air b&b to make meth and family has no idea. Health risk to children. Thanks for listening. Sorry so long and rambly... 3/21/2019 12:24 PM 177 Sometimes short term rentals allow people to stay in their homes using this income 3/21/2019 12:19 PM 178 Should be required to have same permits/inspections as any hotel.3/21/2019 12:17 PM 179 One of the main reasons I left San Francisco was due to the constant rotation of Air B&B people in the unit above me. Short term rentals make a residence a hotel but with a huge disruption to the community, stability and safety to all those around who pay premium prices to reside here. 3/21/2019 12:15 PM 180 Then person renting the unit should take the time and effort to screen the possible renter to ensure comparability 3/21/2019 12:11 PM 181 A formal, documented way for concerned neighbor to address these issues with the rental owner.3/21/2019 12:10 PM 27 / 53 Short Term Rental Community Survey 182 You keep allowing increases in everything now you want to regulate what people do to raise some money to pay their bills. Leave them alone. 3/21/2019 12:09 PM 183 City and county should not regulate rental property use at all. It limits the value and marketability of the property. 3/21/2019 12:09 PM 184 I think short term rentals are a great way for people to afford the crazy high prices here in Marin and would be saddened if we put up any draconian bans on them in San Rafael. 3/21/2019 12:08 PM 185 I do not see this as an issue. Simply making easier to build accessory dwelling units, houses, and multi family housing is the path to addressing housing. Maybe we lack hotels too...? City should encourage property owners with multi family zoning to pursue that option when redeveloping and make that an attractive path for them. 3/21/2019 12:03 PM 186 I am very neutral on this topic and I found the survey to be very biased and worded in favor of regulation. It was OBVIOUSLY written by people who badly want regulation. 3/21/2019 12:01 PM 187 Too many regulations about everything already 3/21/2019 11:59 AM 188 Short-term rentals are a wonderful way to bring in local tourism. Only those that cause disturbances should be regulated/ penalized. 3/21/2019 11:58 AM 189 Ban STR in shared driveways; Restrict STR to mixed or commercial Zones and not in Residential Neighborhoods 3/20/2019 9:04 PM 190 Make short term rentals illegal but don’t spend staff time on policing unless complaints from neighboring residents 3/20/2019 6:19 PM 28 / 53 Short Term Rental Community Survey 4.71%18 13.87%53 14.92%57 66.49%254 Q14 Have you ever been a Short-Term Rental Host? Answered: 382 Skipped: 27 TOTAL 382 I have been a host I have been a host I have been a host I have been a host I have been a host I have been a host I have been a host but am no longer but am no longer but am no longer but am no longer but am no longer but am no longer but am no longer active. active. active. active. active. active. active. I have thought I have thought I have thought I have thought I have thought I have thought I have thought about being a host. about being a host. about being a host. about being a host. about being a host. about being a host. about being a host. I am currently a I am currently a I am currently a I am currently a I am currently a I am currently a I am currently a host. host. host. host. host. host. host. I am not a host. I am not a host. I am not a host. I am not a host. I am not a host. I am not a host. I am not a host. ANSWER CHOICES RESPONSES I have been a host but am no longer active. I have thought about being a host. I am currently a host. I am not a host. 29 / 53 Short Term Rental Community Survey 30%37 32%40 24%30 14%18 Q15 Please select the type of listing you host or would host. Answered: 125 Skipped: 284 TOTAL 125 #OTHER (PLEASE SPECIFY)DATE 1 separate studio 4/21/2019 3:23 PM 2 experience- 'glamping' tent experience w/bedand furnishings 4/19/2019 7:41 AM 3 We divided our house and made private entrance 4/18/2019 1:55 PM 4 I don't host/own any longer 4/10/2019 11:51 PM 5 any of the above, depending on the circumstances.4/10/2019 9:54 AM 6 In one case, the whole house. In another case, a room in the home where I live.4/3/2019 7:38 AM 7 whole house or dwelling unit 4/1/2019 9:44 AM 8 We own a 5-unit apartment, 2 of which are available for s-t rentals 4/1/2019 8:10 AM 9 Portion of house 3/31/2019 8:34 AM 10 Travel Trailer 3/28/2019 6:02 PM 11 I’m a property manager of high-end short-term rentals in Souther Marin since 2014 with great success for home owners and guests https://www.adriennebiggs.com/concierge-marin 3/22/2019 1:10 AM 12 Na 3/21/2019 8:01 PM 13 consider whole home or a room in the house 3/21/2019 5:45 PM 14 not apply 3/21/2019 4:34 PM Whole house Whole house Whole house Whole house Whole house Whole house Whole house 30% (37) 30% (37) 30% (37) 30% (37) 30% (37) 30% (37) 30% (37) A room in a house A room in a house A room in a house A room in a house A room in a house A room in a house A room in a house 32% (40) 32% (40) 32% (40) 32% (40) 32% (40) 32% (40) 32% (40) An Accessory An Accessory An Accessory An Accessory An Accessory An Accessory An Accessory Dwelling Unit or Dwelling Unit or Dwelling Unit or Dwelling Unit or Dwelling Unit or Dwelling Unit or Dwelling Unit or Junior Dwelling Junior Dwelling Junior Dwelling Junior Dwelling Junior Dwelling Junior Dwelling Junior Dwelling Unit Unit Unit Unit Unit Unit Unit 24% (30) 24% (30) 24% (30) 24% (30) 24% (30) 24% (30) 24% (30) Other (please Other (please Other (please Other (please Other (please Other (please Other (please specify) specify) specify) specify) specify) specify) specify) 14% (18) 14% (18) 14% (18) 14% (18) 14% (18) 14% (18) 14% (18) ANSWER CHOICES RESPONSES Whole house A room in a house An Accessory Dwelling Unit or Junior Dwelling Unit Other (please specify) 30 / 53 Short Term Rental Community Survey 15 I was a short term posting NAPA they are highly regulated the house I was at, The short term owner rental that was doing illegal activities was find $165,000 3/21/2019 1:46 PM 16 Not at this time 3/21/2019 1:04 PM 17 Right now I would host any type. In the past (different house in Redwood city) I hosted a room in a house. It was fabulous for a bit of extra money. People were incredibly nice. 3/21/2019 12:36 PM 18 Depends on what we decided to do.3/21/2019 12:29 PM 31 / 53 Short Term Rental Community Survey 84%105 2%2 14%18 Q16 Do you currently live at the property in San Rafael you are (or would like to) list? Answered: 125 Skipped: 284 TOTAL 125 Yes, I currently Yes, I currently Yes, I currently Yes, I currently Yes, I currently Yes, I currently Yes, I currently live at the live at the live at the live at the live at the live at the live at the property. property. property. property. property. property. property. 84% (105) 84% (105) 84% (105) 84% (105) 84% (105) 84% (105) 84% (105) Yes, I have Yes, I have Yes, I have Yes, I have Yes, I have Yes, I have Yes, I have multiple multiple multiple multiple multiple multiple multiple properties. properties. properties. properties. properties. properties. properties. 2% (2) 2% (2) 2% (2) 2% (2) 2% (2) 2% (2) 2% (2) No, I would like No, I would like No, I would like No, I would like No, I would like No, I would like No, I would like to list a property to list a property to list a property to list a property to list a property to list a property to list a property I do not live at. I do not live at. I do not live at. I do not live at. I do not live at. I do not live at. I do not live at. 14% (18) 14% (18) 14% (18) 14% (18) 14% (18) 14% (18) 14% (18) ANSWER CHOICES RESPONSES Yes, I currently live at the property. Yes, I have multiple properties. No, I would like to list a property I do not live at. 32 / 53 Short Term Rental Community Survey Q17 Why do you want to host a Short-Term Rental? Answered: 125 Skipped: 284 1- Not a Reason 2- A Minor Reason 3- A Major Reason 4- The Single Biggest Reason It provides additional... It helps me pay my... I have extra space. I enjoy the sharing... I enjoy entertaining... I enjoy promoting Sa... I do not want to manage a... 0%10%20%30%40%50%60%70%80%90%100% 44% 44% 44% 44% 44% 44% 44% 43% 43% 43% 43% 43% 43% 43% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 12% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 7% 6% 6% 6% 6% 6% 6% 6% 43% 43% 43% 43% 43% 43% 43% 28% 28% 28% 28% 28% 28% 28% 34% 34% 34% 34% 34% 34% 34% 31% 31% 31% 31% 31% 31% 31% 29% 29% 29% 29% 29% 29% 29% 32% 32% 32% 32% 32% 32% 32% 19% 19% 19% 19% 19% 19% 19% 9% 9% 9% 9% 9% 9% 9% 15% 15% 15% 15% 15% 15% 15% 28% 28% 28% 28% 28% 28% 28% 29% 29% 29% 29% 29% 29% 29% 34% 34% 34% 34% 34% 34% 34% 26% 26% 26% 26% 26% 26% 26% 20% 20% 20% 20% 20% 20% 20% 4% 4% 4% 4% 4% 4% 4% 14% 14% 14% 14% 14% 14% 14% 26% 26% 26% 26% 26% 26% 26% 28% 28% 28% 28% 28% 28% 28% 30% 30% 30% 30% 30% 30% 30% 35% 35% 35% 35% 35% 35% 35% 54% 54% 54% 54% 54% 54% 54% 33 / 53 Short Term Rental Community Survey • • • • 58.40%73 41.60%52 Q18 Would you be willing to pay an annual registration fee? Answered: 125 Skipped: 284 TOTAL 125 Yes No, I would choose to no... 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No, I would choose to no longer host a Short-Term Rental 34 / 53 Short Term Rental Community Survey 121 15,144 125 Q19 How much of an annual fee would you be willing to pay to host a listing? (Note: the national average is $250 per year per listing) Answered: 125 Skipped: 284 Total Respondents: 125 #DATE 1 89 4/21/2019 3:23 PM 2 500 4/21/2019 8:52 AM 3 204 4/21/2019 7:34 AM 4 247 4/20/2019 6:38 PM 5 125 4/19/2019 4:35 PM 6 50 4/19/2019 7:41 AM 7 150 4/18/2019 9:12 PM 8 57 4/18/2019 5:57 PM 9 237 4/18/2019 5:04 PM 10 124 4/18/2019 4:48 PM 11 0 4/18/2019 3:52 PM 12 50 4/18/2019 3:42 PM 13 120 4/18/2019 3:22 PM 14 5 4/18/2019 3:00 PM 15 50 4/18/2019 2:31 PM 16 200 4/18/2019 1:55 PM 17 0 4/18/2019 1:47 PM 18 0 4/18/2019 1:01 PM 19 160 4/18/2019 12:46 PM 20 0 4/18/2019 12:24 PM 21 251 4/18/2019 12:16 PM 0 40 80 120 160 200 ANSWER CHOICES AVERAGE NUMBER TOTAL NUMBER RESPONSES 35 / 53 Short Term Rental Community Survey 22 120 4/18/2019 12:07 PM 23 1 4/18/2019 12:06 PM 24 36 4/18/2019 11:55 AM 25 100 4/18/2019 11:48 AM 26 3 4/18/2019 11:40 AM 27 49 4/18/2019 11:39 AM 28 300 4/17/2019 9:12 PM 29 261 4/17/2019 12:54 PM 30 87 4/16/2019 6:26 AM 31 1 4/10/2019 11:51 PM 32 247 4/10/2019 9:54 AM 33 251 4/8/2019 6:52 PM 34 106 4/7/2019 10:37 PM 35 200 4/7/2019 12:06 PM 36 250 4/7/2019 11:06 AM 37 250 4/6/2019 9:40 AM 38 175 4/5/2019 3:26 PM 39 250 4/5/2019 12:17 PM 40 100 4/5/2019 11:36 AM 41 100 4/4/2019 1:33 PM 42 74 4/4/2019 12:09 PM 43 50 4/4/2019 10:14 AM 44 153 4/3/2019 7:38 AM 45 99 4/2/2019 10:37 AM 46 0 4/1/2019 10:33 PM 47 251 4/1/2019 5:18 PM 48 250 4/1/2019 4:39 PM 49 100 4/1/2019 12:38 PM 50 0 4/1/2019 11:18 AM 51 4 4/1/2019 10:57 AM 52 491 4/1/2019 10:50 AM 53 298 4/1/2019 10:04 AM 54 50 4/1/2019 9:44 AM 55 0 4/1/2019 8:10 AM 56 0 4/1/2019 7:25 AM 57 12 4/1/2019 1:04 AM 58 98 3/31/2019 9:20 PM 59 250 3/31/2019 7:45 PM 60 9 3/31/2019 3:46 PM 61 250 3/31/2019 1:22 PM 62 160 3/31/2019 12:22 PM 36 / 53 Short Term Rental Community Survey 63 75 3/31/2019 8:34 AM 64 150 3/29/2019 1:17 PM 65 105 3/29/2019 8:50 AM 66 100 3/28/2019 10:01 PM 67 100 3/28/2019 9:33 PM 68 150 3/28/2019 6:02 PM 69 100 3/28/2019 5:54 PM 70 0 3/28/2019 3:07 PM 71 2 3/28/2019 1:08 PM 72 250 3/28/2019 12:59 PM 73 0 3/28/2019 12:39 PM 74 151 3/28/2019 11:22 AM 75 0 3/28/2019 10:30 AM 76 247 3/28/2019 10:06 AM 77 251 3/28/2019 9:56 AM 78 25 3/28/2019 9:55 AM 79 0 3/28/2019 9:42 AM 80 250 3/26/2019 8:23 AM 81 0 3/25/2019 4:00 PM 82 150 3/25/2019 2:42 PM 83 500 3/24/2019 4:01 PM 84 500 3/24/2019 1:11 PM 85 0 3/24/2019 12:10 PM 86 147 3/24/2019 12:01 PM 87 150 3/23/2019 5:42 PM 88 200 3/22/2019 9:49 PM 89 150 3/22/2019 7:09 PM 90 4 3/22/2019 5:17 PM 91 0 3/22/2019 9:19 AM 92 45 3/22/2019 1:10 AM 93 110 3/21/2019 10:38 PM 94 150 3/21/2019 9:14 PM 95 200 3/21/2019 8:37 PM 96 0 3/21/2019 8:17 PM 97 0 3/21/2019 8:01 PM 98 32 3/21/2019 5:45 PM 99 500 3/21/2019 5:23 PM 100 25 3/21/2019 5:07 PM 101 250 3/21/2019 4:57 PM 102 0 3/21/2019 4:34 PM 103 150 3/21/2019 4:34 PM 37 / 53 Short Term Rental Community Survey 104 150 3/21/2019 4:16 PM 105 252 3/21/2019 3:29 PM 106 100 3/21/2019 3:13 PM 107 0 3/21/2019 2:43 PM 108 0 3/21/2019 2:17 PM 109 125 3/21/2019 2:10 PM 110 4 3/21/2019 1:46 PM 111 0 3/21/2019 1:16 PM 112 251 3/21/2019 1:04 PM 113 196 3/21/2019 12:58 PM 114 50 3/21/2019 12:52 PM 115 200 3/21/2019 12:52 PM 116 139 3/21/2019 12:52 PM 117 200 3/21/2019 12:46 PM 118 0 3/21/2019 12:37 PM 119 0 3/21/2019 12:36 PM 120 0 3/21/2019 12:29 PM 121 100 3/21/2019 12:23 PM 122 3 3/21/2019 12:18 PM 123 50 3/21/2019 12:14 PM 124 0 3/21/2019 12:05 PM 125 0 3/21/2019 11:49 AM 38 / 53 Short Term Rental Community Survey Q20 What is your race? Answered: 375 Skipped: 34 White or Caucasian Black or African American Hispanic or Latino Asian or Asian American Native Hawaiian or other Pacific... Another race 0% 20% 40% 60% 80% 100% 80.80% 80.80% 80.80% 80.80% 80.80% 80.80% 80.80% 0.27% 0.27% 0.27% 0.27% 0.27% 0.27% 0.27%4.00% 4.00% 4.00% 4.00% 4.00% 4.00% 4.00%3.73% 3.73% 3.73% 3.73% 3.73% 3.73% 3.73%0.80% 0.80% 0.80% 0.80% 0.80% 0.80% 0.80% 10.40% 10.40% 10.40% 10.40% 10.40% 10.40% 10.40% 39 / 53 Short Term Rental Community Survey 0.27%1 1.33%5 4.80%18 12.27%46 23.47%88 24.00%90 33.87%127 Q21 What is your age? Answered: 375 Skipped: 34 TOTAL 375 Under 18 18-24 25-34 35-44 45-54 55-64 65+ 0% 20% 40% 60% 80% 100% 0.27% 0.27% 0.27% 0.27% 0.27% 0.27% 0.27%1.33% 1.33% 1.33% 1.33% 1.33% 1.33% 1.33%4.80% 4.80% 4.80% 4.80% 4.80% 4.80% 4.80% 12.27% 12.27% 12.27% 12.27% 12.27% 12.27% 12.27% 23.47% 23.47% 23.47% 23.47% 23.47% 23.47% 23.47%24.00% 24.00% 24.00% 24.00% 24.00% 24.00% 24.00% 33.87% 33.87% 33.87% 33.87% 33.87% 33.87% 33.87% ANSWER CHOICES RESPONSES Under 18 18-24 25-34 35-44 45-54 55-64 65+ 40 / 53 Short Term Rental Community Survey 96.80%363 3.20%12 Q22 Is San Rafael your primary place of residence? Answered: 375 Skipped: 34 TOTAL 375 Yes No 0%10%20%30%40%50%60%70%80%90%100% ANSWER CHOICES RESPONSES Yes No 41 / 53 Short Term Rental Community Survey I Q23 If yes, which San Rafael neighborhood do you live in? Answered: 363 Skipped: 46 Montecito Terra Linda Fairhills Gerstle Park Dominican Hills/ Black... West End Other (please specify) Peacock Gap Sun Valley Bret Harte Lincoln/ San Rafael Hill Glenwood Santa Venetia Country Club Lucas Valley Canal Los Ranchitos Picnic Hill Downtown 9.92% 9.92% 9.92% 9.92% 9.92% 9.92% 9.92% 9.37% 9.37% 9.37% 9.37% 9.37% 9.37% 9.37% 8.54% 8.54% 8.54% 8.54% 8.54% 8.54% 8.54% 7.16% 7.16% 7.16% 7.16% 7.16% 7.16% 7.16% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 6.61% 5.79% 5.79% 5.79% 5.79% 5.79% 5.79% 5.79% 4.96% 4.96% 4.96% 4.96% 4.96% 4.96% 4.96% 4.68% 4.68% 4.68% 4.68% 4.68% 4.68% 4.68% 4.41% 4.41% 4.41% 4.41% 4.41% 4.41% 4.41% 4.13% 4.13% 4.13% 4.13% 4.13% 4.13% 4.13% 3.58% 3.58% 3.58% 3.58% 3.58% 3.58% 3.58% 3.03% 3.03% 3.03% 3.03% 3.03% 3.03% 3.03% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.75% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 2.20% 1.93% 1.93% 1.93% 1.93% 1.93% 1.93% 1.93% 42 / 53 Short Term Rental Community Survey I ~ I #OTHER (PLEASE SPECIFY)DATE 1 Spinnaker Point 4/19/2019 1:50 PM 2 Spinnaker point 4/7/2019 10:38 PM 3 racquet club estates (above sun valley)4/5/2019 4:55 PM 4 Racquet club estates 4/2/2019 5:24 PM 5 I've lived in the West End and Canal neighborhoods 4/1/2019 6:24 PM 6 Villa real (god we don’t even rate a line item)3/31/2019 5:49 PM 7 Other 3/28/2019 3:08 PM 8 Fairhills 3/24/2019 12:57 PM 9 Prefernottosay 3/21/2019 10:39 PM 10 Villa Real 3/21/2019 9:40 PM 11 fuck you 3/21/2019 9:21 PM 12 Canal West 3/21/2019 6:43 PM 13 Spinnaker Point 3/21/2019 4:01 PM 14 Happy Valley (Montecito/Dominican)3/21/2019 3:41 PM 15 Spinnaker Point (we are not part of the Canal!!!!)3/21/2019 2:01 PM 16 Spinnaker point 3/21/2019 1:47 PM 17 Decline to comment 3/21/2019 1:17 PM 18 Rafael Highlands 3/21/2019 1:00 PM 19 Rafael Highlands 3/21/2019 12:20 PM 20 Rafael Highlands 3/21/2019 12:18 PM Loch Lomond Marinwood Mont Marin/ San Rafael Park Marin Lagoon Santa Margarita Contempo Marin Bayside Acres Rafael Meadows 0%10%20%30%40%50%60%70%80%90%100% 1.93% 1.93% 1.93% 1.93% 1.93% 1.93% 1.93% 1.38% 1.38% 1.38% 1.38% 1.38% 1.38% 1.38% 1.10% 1.10% 1.10% 1.10% 1.10% 1.10% 1.10% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.83% 0.55% 0.55% 0.55% 0.55% 0.55% 0.55% 0.55% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 0.28% 43 / 53 Short Term Rental Community Survey I I 21 Villa Real 3/21/2019 12:16 PM 44 / 53 Short Term Rental Community Survey Q24 If no, please provide the city of your primary residence? Answered: 11 Skipped: 398 #RESPONSES DATE 1 San Francisco 4/18/2019 3:22 PM 2 irrelevant 4/17/2019 5:41 AM 3 Sebastopol 4/8/2019 6:53 PM 4 Out of Town 4/2/2019 11:54 AM 5 Greenbrae 4/2/2019 6:10 AM 6 Eagle, Idaho 4/1/2019 7:02 PM 7 Santa Cruz 4/1/2019 10:04 AM 8 Bodega Bay 4/1/2019 8:11 AM 9 san Rafael 4/1/2019 1:05 AM 10 San Anselmo 3/31/2019 8:16 PM 11 San Mateo 3/21/2019 5:59 PM 45 / 53 Short Term Rental Community Survey 95.37%103 99.07%107 67.59%73 Q25 Would you like to be contacted about updates and events on Short Term Rentals in San Rafael? (optional) Answered: 108 Skipped: 301 ANSWER CHOICES RESPONSES Name Email Phone 46 / 53 Short Term Rental Community Survey 47 / 53 Short Term Rental Community Survey 48 / 53 49 / 53 50 / 53 51 / 53 52 / 53 53 / 53 ORDINANCE NO._____________ AN ORDINANCE OF THE CITY OF SAN RAFAEL CITY COUNCIL AMENDING CHAPTER 14.03.030 AND CHAPTER 3.20.020 OF THE SAN RAFAEL MUNICIPAL CODE, AND ADDING NEW CHAPTER 10.110 ENTITLED “SHORT TERM RENTAL PROGRAM” THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 1. FINDINGS. WHEREFORE, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SAN RAFAEL DOES ORDAIN AS FOLLOWS: DIVISION 2. AMENDMENTS TO MUNICIPAL CODE. A. Chapter 14.03.030 of the San Rafael Municipal Code is hereby amended as follows (strike- outs indicate deletions, double-underlining indicates additions): "Hotel" means any building or portion thereof containing multiple guest rooms designed for compensation, primarily for the accommodation of transient travelers, with eating, drinking, banquet and recreational facilities related to the hotel use, but not including those facilities defined as residential care facilities. "Home occupation" means an accessory use of a dwelling unit, conducted entirely within the dwelling unit, carried on by one (1) or more persons, all of whom reside within the dwelling unit, as further defined in Section 14.16.220, Home occupations, but not including those facilities defined as short-term rentals in SRMC Chapter 14.03.030. “Short-term rental” means the rental of all or a portion of a dwelling unit for less than 30 days consecutive tenancy. B. Chapter 3.20.020 of the San Rafael Municipal Code is hereby amended as follows (strike- outs indicate deletions, double-underlining indicates additions): "“’Hotel’ means any structure, or any portion of any structure, which is occupied or intended or designed for occupancy by transients for dwelling, lodging or sleeping purposes, and includes any hotel, inn, tourist home or house, motel, studio hotel, bachelor hotel, lodging house, rooming house, apartment house, dormitory, public or private club, mobile home or house trailer at a fixed location, short-term rental or other similar structure or portion thereof.” C. Title 10 of the San Rafael Municipal Code, entitled “Businesses, Professions, Occupations, Industries and Trades” is hereby amended by adding new Chapter 10.110, entitled “Short-Term Rental Program” to read in its entirety as follows: 10.110.010 Purpose and intent It is the purpose of this ordinance to benefit the general public by minimizing adverse impacts on the housing supply and on persons and households of all income levels resulting from the loss of residential units through their conversion to tourist and transient use. This is to be accomplished by regulating the conversion of residential units to tourist and transient use, and through appropriate administrative and judicial remedies. 10.110.020 Applicability The provisions of this Chapter shall apply to all Dwelling Units in the San Rafael city limits, including a single-family dwelling or unit in a multifamily or multipurpose dwelling, a unit in a condominium or cooperative housing project, or a unit in a structure that is being used for residential uses whether or not the residential use is a conforming use permitted under the San Rafael Municipal Code, which is hired, rented, or leased to a household within the meaning of California Civil Code Section 1940. 10.110.030 Definitions For the purpose of this Chapter, unless the context clearly requires different meaning, the words, terms, and phrases set forth in this section shall have the meanings given to them in this section: A. “Booking Service” A Booking Service is any reservation and/or payment service provided by a person or entity that facilitates a short-term rental transaction between an Owner or Business Entity and a prospective tourist or transient user, and for which the person or entity collects or receives, directly or indirectly through an agent or intermediary, a fee in connection with the reservation and/or payment services provided for the short-term rental transaction. B. “Business Entity” A corporation, partnership, or other legal entity that is not a natural person that owns or leases one or more residential units. C. “Complaint” A complaint submitted to the Department alleging a violation of this Chapter 10.110 and that includes the Residential Unit's address, including unit number, date(s) and nature of alleged violation(s), and any available contact information for the Owner and/or resident of the Residential Unit at issue. D. “Conversion or Convert” A change of use from Residential Use to Tourist or Transient Use, including, but not limited to, renting a Residential Unit as a Tourist or Transient Use. E. “Department” The Community Development Department. F. “Director” The Director of the Community Development Department, or his or her designee. G. "Dwelling unit" for purposes of this Chapter means one or more rooms designed, occupied or intended for occupancy as separate living quarters, with a kitchen, sleeping facilities, and sanitary facilities for the exclusive use of one household, but not including any such unit occupied in whole or in part by the property owner or the property owner’s family members, including parents, children, brothers, sisters, aunts, uncles, nieces, and/or nephews. H. “Host” A person or Business Entity that participates in the short-term rental business by providing a short-term rental. I. “Hosting Platform” A person or Business entity that participates in the short-term rental business by providing, and collecting or receiving a fee for, Booking Services through which a Host may offer a Residential Unit for Tourist or Transient Use. Hosting Platforms usually, though not necessarily, provide Booking Services through an online platform that allows a Host to advertise the Residential Unit through a website provided by the Hosting Platform and the Hosting Platform conducts a transaction by which potential tourist or transient users arrange Tourist or Transient Use and payment, whether the tourist or transient pays rent directly to the Host to the Hosting Platform. J. “Interested Party” A Resident of the building in which the Tourist or Transient Use is alleged to occur, any homeowner association associated with the Residential Unit in which the Tourist or Transient Use is alleged to occur, the Owner of the Residential Unit or Business Entity property in which the Tourist or Transient Use is alleged to occur, a Resident or Owner of a property within 100 feet of the property containing the Residential Unit in which the Tourist or Transient Use is alleged to occur, the City of San Rafael, or any non-profit organization exempt from taxation pursuant to Title 26, Section 501 of the United States Code, which has the preservation or improvement of housing as a stated purpose in its articles of incorporation or bylaws. K. “Owner” Owner includes any person who is the owner of record of the real property. As used in this Chapter 10.110, the term "Owner" includes a lessee where the lessee is offering a Residential Unit for Tourist or Transient use. L. “Permanent Resident” A person who occupies a Residential Unit for at least 60 consecutive days with intent to establish that unit as his or her primary residence. A Permanent Resident may be an owner or a lessee. M. “Primary Residence” The Permanent Resident's usual place of return for housing as documented by at least two of the following: motor vehicle registration; driver's license; voter registration; tax documents showing the Residential Unit as the Permanent Resident's residence for the purposes of a home owner's tax exemption; or a utility bill. A person may have only one Primary Residence. N. “Residential Unit” Room or rooms, including a condominium or a room or dwelling unit that forms part of a tenancy-in-common arrangement, in any building, or portion thereof, which is designed, built, rented, leased, let or hired out to be occupied for Residential Use as defined in the San Rafael Municipal Code. O. “Residential Use” Any use for occupancy of a Residential Unit. P. “Short-Term Rental” Any rental of all or a portion of a dwelling unit for less than 30 days consecutive tenancy. Q. “Short-Term Rental Registry or Registry” A database of information maintained by the Department that includes a unique registration number for each Short-Term Rental and information regarding Hosts who are permitted to offer Residential Units for Short-Term Rental. The Registry shall be available for public review to the extent required by law, except that, to the extent permitted by law, the Department shall redact any Host names and street and unit numbers from the records available for public review. R. “"Transient" means any person who exercises occupancy or is entitled to occupancy by reason of concession, permit, right of access, license or other agreement for a period of thirty (30) consecutive calendar days or less, counting portions of calendar days as full days. Any such person so occupying space in a hotel shall be deemed to be a transient until the period of thirty days has expired unless there is an agreement in writing between the operator and the occupant providing for a longer period of occupancy. In determining whether a person is a transient, uninterrupted periods of time extending both prior and subsequent to the effective date of the ordinance codified in this chapter may be considered. S. “Tourist or Transient Use” Any use of a Residential Unit for occupancy for less than a 30-day term of tenancy, or occupancy for less than 30 days of a Residential Unit leased or owned by a Business Entity, whether on a short-term or long-term basis, including any occupancy by employees or guests of a Business Entity for less than 30 days where payment for the Residential Unit is contracted for or paid by the Business Entity. 10.11.040 Short-Term Rental Registry Applications, Fee, and Reporting Requirement A. Application. Registration shall be for a one-year term, which may be renewed by the Host by filing a completed renewal application. Initial and renewal applications shall be in a form prescribed by the Department. The Department shall determine, in its sole discretion, the completeness of an application. Upon receipt of a complete initial application, the Department shall send mailed notice to the owner of record of the Residential Unit, informing the owner that an application to the Registry for the unit has been received. In addition to the information set forth here, the Department may require any other additional information necessary to show compliance with this Chapter 10.110. Upon the Department's determination that an application is complete, the unit shall be entered into the Short-Term Rental Registry and assigned an individual registration number. B. Fee. The fee for the initial application shall be $165 and for each renewal shall be $130, payable to the Department. Fees set forth in this Section may be adjusted by resolution of the City Council. The City shall, if necessary, adjust the fees upward or downward for the upcoming fiscal year as appropriate to ensure that the program recovers the costs of operation without producing revenue that is significantly more than such costs. The adjusted rates shall become operative on July 1. C. Reporting Requirement. To maintain good standing on the Registry, the Host shall submit a quarterly report to the Department beginning on January 1, April 1, July 1, and October 1 of each year, regarding the number of days the Residential Unit or any portion thereof has been rented as a Short-Term Rental since either initial registration or the last report, whichever is more recent, and any additional information the Department may require to demonstrate compliance with this Chapter. 10.110.050 Requirements for Hosting Platforms A. All Hosting Platforms shall provide the following information in a notice to any user listing a Residential Unit located within the City of San Rafael through the Hosting Platform's service. The notice shall be provided prior to the user listing the Residential Unit and shall include the following information: that SRMC Chapter 10.110 regulates Short-Term Rental of Residential Units; the requirements for registration of the unit with the Department; and the transient occupancy tax obligations to the City. B. A Hosting Platform shall comply with the requirements of Chapter 10.04 entitled “Business License Tax” and Chapter 3.20 entitled “Uniform Transient Occupancy Tax” of this Code, among any other applicable requirements, collecting and remitting all required Transient Occupancy Taxes, and this provision shall not relieve a Hosting Platform of liability related to an occupant's, resident's, Business Entity's, or Owner's failure to comply with the requirements of Chapter 10.04 and Chapter 3.20. A Hosting Platform shall maintain a record demonstrating that the taxes have been remitted to the City. C. A Hosting Platform may provide, and collect a fee for, Booking Services in connection with short-term rentals for Residential Units located in the City of San Rafael only when the Hosting Platform exercises reasonable care to confirm that those Residential Units are lawfully registered on the Short-Term Rental Registry at the time the Residential Unit is rented for short-term rental. Whenever a Hosting Platform complies with administrative guidelines issued by the City to confirm that the Residential Unit is lawfully registered on the Short-Term Rental Registry, the Hosting Platform shall be deemed to have exercised reasonable care for the purpose of this subsection. D. On the fifth day of every month, a Hosting Platform shall provide a signed affidavit to the City verifying that the Hosting Platform has complied with subsection in the immediately preceding month. E. For not less than three years following the end of the calendar year in which the short-term rental transaction occurred, the Hosting Platform shall maintain and be able, in response to a lawful request, to provide to the City for each short-term rental transaction for which a Hosting Platform has provided a Booking Service: 1) The name of the Owner or Business Entity who offered a Residential Unit for Tourist or Transient Use, 2) The address of the Residential Unit, 3) The dates for which the tourist or transient user procured use of the Residential Unit using the Booking Service provided by the Hosting Platform, 4) The registration number for the Residential Unit, and 5) The affidavit required in subsection 10.11.040.E. F. The Department shall designate a contact person for members of the public who wish to file Complaints under this Chapter or who otherwise seek information regarding this Chapter or Short-Term Rentals. This contact person shall also provide information to the public upon request regarding quality of life issues, including, for example, noise violations, vandalism, or illegal dumping, and shall direct the member of the public and/or forward any such Complaints to the appropriate City department. G. Notwithstanding any other provision of this Chapter, nothing in this Chapter shall relieve an individual, Business Entity, or Hosting Platform of the obligations imposed by any and all applicable provisions of state law and the Municipal Code including but not limited to those obligations imposed by Chapter 10.04 entitled “Business License Tax” and Chapter 3.20 entitled “Uniform Transient Occupancy Tax” of this Code. Further, nothing in this Chapter shall be construed to limit any remedies available under any and all applicable provisions of state law and the Municipal Code including but not limited to Chapter 10.04 entitled “Business License Tax” and Chapter 3.20 entitled “Uniform Transient Occupancy Tax”. 10.110.60 Administrative Enforcement Procedures A. Determination of Violation. Upon the filing of a written Complaint, the Director shall take reasonable steps necessary to determine the validity of the Complaint. To determine if there is a violation of this Chapter, the Director may initiate an investigation. This investigation may include, but is not limited to, an inspection of the subject property and/or a request for any pertinent information from the Owner, Business Entity, or Hosting Platform, such as leases, business records, or other documents. The Director shall have discretion to determine whether there is a violation of this Chapter. Notwithstanding any other provision of this Chapter, any alleged violation related to failure to comply with the requirements of Chapter 10.04 entitled “Business License Tax” or Chapter 3.20 entitled “Uniform Transient Occupancy Tax” shall be enforced under the provisions of those Chapters. B. Noticing and Administrative Hearing Procedures. Noticing and Administrative Hearing Procedures shall be conducted in accordance with Chapter 1.44 and/or Chapter 1.46 of this Code. C. Administrative Penalties for Violations and Enforcement Costs. Administrative Penalties and Enforcement Costs shall be imposed in accordance with Chapter 1.44 and/or Chapter 1.46. DIVISION 3. CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA). The City Council finds that adoption of this Ordinance is exempt from the California Environmental Quality Act ("CEQA") pursuant to section 15301of the State CEQA Guidelines for operation, repair, maintenance, or minor alteration of existing structures or facilities. DIVISION 4. SEVERABILITY. If any section, subsection, sentence, clause or phrase of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining portions of this Ordi- nance. The Council hereby declares that it would have adopted the Ordinance and each section, subsection, sentence, clause or phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases be declared invalid. DIVISION 5. EFFECTIVE DATE; PUBLICATION. This Ordinance shall be published once, in full or in summary form, before its final passage, in a newspaper of general circulation, published, and circulated in the City of San Rafael, and shall be in full force and effect thirty (30) days after its final passage. If published in summary form, the summary shall also be published within fifteen (15) days after the adoption, together with the names of those Councilmembers voting for or against same, in a newspaper of general circulation published and circulated in the City of San Rafael, County of Marin, State of California. __________________________ GARY O. PHILLIPS, Mayor ATTEST: ______________________________ LINDSAY LARA, City Clerk The foregoing Ordinance No.______ was read and introduced at a Regular Meeting of the City Council of the City of San Rafael, held on the _______ day of ____________________, 2019 and ordered passed to print by the following vote, to wit: AYES: Councilmembers NOES: Councilmembers ABSENT: Councilmembers and will come up for adoption as an Ordinance of the City of San Rafael at a Regular Meeting of the Council to be held on the _______ day of ____________________, 2019. ______________________________ LINDSAY LARA, City Clerk 1 VOLUNTARY COLLECTION AGREEMENT FOR CITY OF SAN RAFAEL, CALIFORNIA, TRANSIENT OCCUPANCY TAX THIS VOLUNTARY COLLECTION AGREEMENT (the “Agreement”) is dated _________________, 2019 and is between AIRBNB, INC., a Delaware corporation (“Airbnb”), and the CITY OF SAN RAFAEL, CALIFORNIA (the “Taxing Jurisdiction”). Each party may be referred to individually as a “Party” and collectively as the “Parties.” RECITALS: WHEREAS, Airbnb represents that it provides an Internet-based platform (the “Platform”) through which third parties offering accommodations and/or activities (“Hosts”) and third parties booking such accommodations and/or activities (“Guests”) may communicate, negotiate and consummate a direct booking transaction for accommodations and/or activities to which Airbnb is not a party (“Booking Transactions”); and WHEREAS, the Taxing Jurisdiction and Airbnb enter into this Agreement voluntarily in order to facilitate the reporting, collection and remittance of applicable transient occupancy taxes and applicable sales taxes (“Taxes”) imposed under applicable City of San Rafael, California, law (the applicable “Code”), on behalf of certain Hosts for Booking Transactions completed by such Hosts and Guests on the Platform for accommodations transactions located in San Rafael, California (the “Taxable Booking Transactions”). NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS, PROMISES AND AGREEMENTS CONTAINED HEREIN, THE PARTIES AGREE AS FOLLOWS: (A) Solely pursuant to the terms and conditions of this Agreement, including only for periods in which this Agreement is effective (defined below), and solely for Taxable Booking Transactions completed on the Platform by Hosts other than those defined in Paragraphs (E) and (E-1) below, Airbnb agrees contractually to assume the duties of a Taxes collector as described in the Code solely for the collection and remittance of Taxes on behalf of such Hosts (hereinafter referred to as a “Collector”). (B) Starting on ______________, 2019 (the “Effective Date”), Airbnb agrees to commence collecting and remitting Taxes on behalf of certain Hosts, pursuant to the terms of this Agreement, at the applicable rate, on Taxable Booking Transactions. Except as set forth in Paragraph (L) below, Airbnb shall not assume any obligation or liability to collect Taxes for any period or for any transaction prior to the Effective Date or after termination of this Agreement. 2 (C) Except as set forth in Paragraph (E) below, Airbnb agrees to register as a Collector on behalf of Hosts for the sole purpose of reporting, collection and remittance of Taxes under this Agreement, and will be the registered Collector on behalf of any affiliate or subsidiary collecting Taxes. The assumption of such duties described in Paragraph (A) above and this Paragraph (C) shall not trigger any other registration requirements to which Airbnb is not otherwise subject. REMITTANCE OF TAXES (D) Airbnb agrees reasonably to report aggregate information on the tax return form prescribed by the Taxing Jurisdiction, including an aggregate of gross receipts, exemptions and adjustments, and taxable receipts of all Taxes that are subject to the provisions of this Agreement. Airbnb shall remit all Taxes collected from Guests in accordance with this Agreement and Airbnb’s Terms of Service (www.airbnb.com) (the “TOS”) in the time and manner described in the Code or as otherwise agreed to in writing. REGISTERED HOSTS (E) Airbnb reserves the right to implement a software feature on the Platform whereby Airbnb collects Taxes based on tax information supplied by the Host, and remits such Taxes to Hosts for ultimate reporting and remittance by the Host to the Taxing Jurisdiction. In such cases, a Host must provide to Airbnb its (i) applicable Tax identification or registration number; (ii) applicable business identification number; and (iii) acknowledgement of its obligation to collect all Taxes owed on a Host’s Taxable Booking Transactions and to remit and report any Taxes collected directly to the Taxing Jurisdiction (a “Registered Host”). Upon request from the Taxing Jurisdiction, and not more than once per consecutive twelve-month period, Airbnb may provide the Taxing Jurisdiction with copies of documentation related to Registered Hosts. (E-1) Airbnb satisfies its obligations under this Agreement by remitting the full amount of Taxes collected on behalf of Hosts to the Taxing Jurisdiction, and in the case of Registered Hosts only, by remitting the Taxes collected on a Registered Host’s Taxable Booking Transactions directly to the Registered Host. AIRBNB LIABILITY (F) Pursuant to the terms of this Agreement, Airbnb agrees contractually to assume liability for any failure to report, collect and/or remit the correct amount of Taxes, including, but not limited to, penalties and interest, lawfully and properly imposed in compliance with the Code. Nothing contained herein nor any action taken pursuant to this Agreement shall impair, 3 restrict or prevent Airbnb from asserting that any Taxes and/or penalties, interest, fines or other amounts assessed against it were not due or are the subject of a claim for refund under applicable law, or otherwise bar it from enforcing any rights accorded by law. Notwithstanding the above and solely with respect to Registered Hosts, Airbnb does not assume any liability for the failure of a Registered Host to comply with any applicable collection, reporting or remittance obligations related to Taxable Booking Transactions. Further, Airbnb does not assume any liability for collection based on information supplied by the Registered Host. AUDIT (G) During any period for which Airbnb is not in breach of its obligations under this Agreement, the Taxing Jurisdiction agrees to audit Airbnb on the basis of Tax returns filed and supporting documentation. The Taxing Jurisdiction reserves the right to audit any individual Host for activity that has been brought to the attention of the Taxing Jurisdiction in the form of a complaint or other means independent of this Agreement or independent of data or information provided pursuant to this Agreement. (H) The Taxing Jurisdiction agrees to audit Airbnb on an anonymized transaction basis for Taxable Booking Transactions. Except as otherwise agreed herein, Airbnb shall not be required to produce any personally identifiable information relating to any Host or Guest or relating to any Taxable Booking Transaction without binding legal process served only after completion of an audit by the Taxing Jurisdiction of Airbnb with respect to such users. The parties agree to utilize appropriate sampling audit methodologies based on a standard sample period which may be projected against the remainder of any periods open under the applicable statute of limitations, unless Airbnb elects, at its sole discretion, to undergo further audit of such open periods by the Taxing Jurisdiction. GUEST AND HOST LIABILITY (I) During any period in which this Agreement is effective, and provided Airbnb is in compliance with its obligations herein, Hosts shall be relieved of any obligation to collect and remit Taxes on Taxable Booking Transactions, and shall be permitted but not required to register individually with the Taxing Jurisdiction to collect, remit and/or report Taxes. Notwithstanding the above, Registered Hosts will be solely responsible for directly remitting Taxes collected on Taxable Booking Transactions to the Taxing Jurisdiction. Nothing in this Agreement shall relieve Guests or Hosts from any responsibilities with respect to Taxes for transactions 4 completed other than on the Platform, or restrict the Taxing Jurisdiction from investigating or enforcing any provision of applicable law against such users for such transactions. WAIVER OF LOOK-BACK (J) The Taxing Jurisdiction expressly releases, acquits, waives and forever discharges Airbnb, its current or past affiliated parent or subsidiary companies, directors, shareholders, investors, employees and other agents from any and all actions, causes of action, indebtedness, suits, damages or claims arising out of or relating to payment of and/or collection of Taxes or other tax indebtedness, including but not limited to penalties, fines, interest or other payments relating to Taxes on any Taxable Booking Transactions prior to the Effective Date. Nothing contained in this Paragraph of this Agreement will constitute a release or waiver of any claim, cause of action or indebtedness that the Taxing Jurisdiction may have or claim to have against any Host or Guest unrelated to Taxable Booking Transactions under this Agreement. NOTIFICATION TO GUESTS AND HOSTS (K) Airbnb agrees, for the purposes of facilitating this Agreement, and as required by its TOS, that, except with respect to Registered Hosts, it will notify (i) Hosts that Taxes will be collected and remitted to the Taxing Jurisdiction as of the Effective Date pursuant to the terms of this Agreement; and (ii) Guests and Hosts of the amount of Taxes collected and remitted on each Taxable Booking Transaction. LIMITATION OF APPLICATION (L) This Agreement is solely for the purpose of facilitating the administration and collection of the Taxes with respect to Taxable Booking Transactions and, except with respect to the rights and liabilities set forth herein, the execution of or actions taken under this Agreement shall not be considered an admission of law or fact or constitute evidence thereof under the Code or any other provisions of the laws of the United States of America or of any State or subdivision or municipality thereof. Neither Party waives, and each Party expressly preserves, any and all arguments, contentions, claims, causes of action, defenses or assertions relating to the validity or interpretation or applicability of the Code, regulations or application of law. (L-1) If Airbnb expands the types of transactions that may be completed by Hosts and Guests on the Platform to include additional taxable services or products located in San Rafael, California, and Airbnb decides in its sole discretion to collect and remit any applicable taxes with respect to such transactions on behalf of Hosts and/or Guests, Airbnb agrees to provide 5 reasonable notice to the Taxing Jurisdiction regarding the collection and remittance of such taxes. DURATION/TERMINATION (M) This Agreement may be terminated by Airbnb or the Taxing Jurisdiction for convenience on 30-day written notification to the other Party. Such termination will be effective on the first day of the calendar month following the 30-day written notification to the other Party. Any termination under this Paragraph shall not affect the duty of Airbnb to remit to the Taxing Jurisdiction any Taxes collected from Guests up through and including the effective date of termination of this Agreement, even if not remitted by Airbnb to the Taxing Jurisdiction as of the effective date of termination. MISCELLANEOUS (N) CHOICE OF LAW. This Agreement, its construction and any and all disputes arising out of or relating to it, shall be interpreted in accordance with the substantive laws of the State of California without regard to its conflict of law principles. (O) MODIFICATION. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties. (P) MERGER AND INTEGRATION. This Agreement contains the entire agreement of the Parties with respect to the subject matter of this Agreement, and supersedes all prior negotiations, agreements and understandings with respect thereto. (Q) COUNTERPARTS. This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, and all of which, when taken together, shall constitute one and the same instrument. The Agreement shall become effective when a counterpart has been signed by each Party and delivered to the other Party, in its original form or by electronic mail, facsimile or other electronic means. The Parties hereby consent to the use of electronic signatures in connection with the execution of this Agreement, and further agree that electronic signatures to this Agreement shall be legally binding with the same force and effect as manually executed signatures. (R) RELATIONSHIP OF THE PARTIES. The Parties are entering into an arm’s-length transaction and do not have any relationship, employment or otherwise. This Agreement does not create nor is it intended to create a partnership, franchise, joint venture, agency, or 6 employment relationship between the Parties. There are no third-party beneficiaries to this Agreement. (S) WAIVER AND CUMULATIVE REMEDIES. No failure or delay by either Party in exercising any right under this Agreement shall constitute a waiver of that right or any other right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a Party at law or in equity. (T) FORCE MAJEURE. Neither Party shall be liable for any failure or delay in performance under this Agreement for causes beyond that Party’s reasonable control and occurring without that Party’s fault or negligence, including, but not limited to, acts of God, acts of government, flood, fire, civil unrest, acts of terror, strikes or other labor problems (other than those involving Airbnb employees), computer attacks or malicious acts, such as attacks on or through the Internet, any Internet service provider, telecommunications or hosting facility. Dates by which performance obligations are scheduled to be met will be extended for a period of time equal to the time lost due to any delay so caused. (U) ASSIGNMENT. Neither Party may assign any of its rights or obligations hereunder, whether by operation of law or otherwise, without the prior written consent of the other Party (which consent shall not be unreasonably withheld). Notwithstanding the foregoing, Airbnb may assign this Agreement in its entirety without consent of the other Party in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of its assets. (V) MISCELLANEOUS. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect. NOTICES (W) All notices under this Agreement shall be in writing and shall be deemed to have been given upon: (i) personal delivery; (ii) the third business day after first class mailing postage prepaid; or (iii) the second business day after sending by overnight mail or by facsimile with telephonic confirmation of receipt. Notices shall be addressed to the attention of the following persons, provided each Party may modify the authorized recipients by providing written notice to the other Party: 7 To Airbnb: Airbnb, Inc. Attn: General Counsel 888 Brannan Street, 4th Fl. SF, CA 94103 legal@airbnb.com Airbnb, Inc. Attn: Global Head of Tax 888 Brannan Street, 4th Fl. SF, CA 94103 tax@airbnb.com To the Taxing Jurisdiction: __________________ __________________ __________________ __________________ __________________ Fax: ______________ E-mail:____________ (Signatures follow on next page) 8 IN WITNESS WHEREOF, Airbnb and the Taxing Jurisdiction have executed this Agreement effective on the date set forth in the introductory clause. AIRBNB, INC., a Delaware corporation By: _______________________________________ Signature of Authorized Representative _______________________________________ Name and Title of Authorized Representative CITY OF SAN RAFAEL, CALIFORNIA By: _______________________________________ Signature _______________________________________ Name and Title Short Term Rental Community Survey Findings Short Term Rental Community Meeting May 29 & 30, 2019 SAN RAFAEL THE CITY WITH A M ISS ION Agenda 1.Background 2.Survey Results a)Overall Findings b)Short Term Rental Hosts c)Deep Dive 3.“Straw-man” Proposal 4.Feedback 5.Next Steps Short Term Rental Community Meeting May 29 & 30, 2019 Background Short Term Rental Community Meeting May 29 & 30, 2019 Background Jan. 4, 2016-Council ask Staff to begin monitoring STR activity as part of JDU ordinance review June 10, 2016-Staff enters into contract with Host Compliance to provide the following STR monitoring services: ▪Trend Monitoring; ▪Address Identification Aug. 20, 2018-Staff provides Housing Report to City Council. Council directs staff to return with informational report on STRs. Today-San Rafael does not prohibit, regulate, tax or enforce STRs. Feb. 19, 2019-Staff provides STR Informational Report to City Council. Council directs staff to conduct additional outreach and further analyze STRs regulation. Existing Conditions •~286 Active Listings in 2018: •Increase from 150 active listings when monitoring first began in 2016. •3-Bedroom Single Family Homes are the largest “host- described” property type (75-listings); •Distributed relatively equally geographical across city: •Slight concentrations in West End, Gerstle Park, and Dominican neighborhoods. •Over the last three years, the City has received less than a dozen STR related complaints. Short Term Rental Community Meeting May 29 & 30, 2019 . . .. . . .. .. . . • • . . . .. I •· . . . . . . . .. . . . . ·. . .. . . . :~ . . . ~ . . . . . . . . . -~ .. . , .. . . 41 .. : . - . ., .. . .. ··=••. . . --. . . . .. . . ...,. ~· :·.: '~': ~ ~: .. . .. , .. ,:· ·;:,. . .,.;. ... ..... , .! • •• • •• ·-.,, ... :·· ' . , .·, . . J . ... .. . . ... ... ~ .. ·rr •. • •· It •!-. .. ::' .. ... . .. : , . . . -. . I . . . .... •• .. .. -·': • . •• .. . . ., 2.19 Staff Report Analysis Low Estimate Option Year 1- Fees Ongoing- Fees TOT Year 1 Ongoing With Fees Collected* No Fees Collected (TOT Only) With Fees Collected* No Fees Collected (TOT Only) 1) Status Quo $0 $0 $0 $0 $5,130 $0 $0 -$5,130 -$5,130 2) Minimal Enforcement $34,907 $26,576 $18,051 $34,907 $26,576 $18,051 -$16,856 $18,051 -$8,525 3) STR Ban $0 $0 $0 $60,835 $46,948 -$60,835 -$60,835 -$46,948 -$46,948 Mean Estimate Option Year 1- Fees Ongoing- Fees TOT Year 1 Ongoing With Fees Collected* No Fees Collected (TOT Only) With Fees Collected* No Fees Collected (TOT Only) 1) Status Quo $0 $0 $0 $0 $5,130 $0 $0 -$5,130 -$5,130 2) Minimal Enforcement $34,907 $26,576 $39,738 $34,907 $26,576 $39,738 $4,831 $39,738 $13,163 3) STR Ban $0 $0 $0 $60,835 $46,948 -$60,835 -$60,835 -$46,948 -$46,948 High Estimate Option Year 1- Fees Ongoing- Fees TOT Year 1 Ongoing With Fees Collected* No Fees Collected (TOT Only) With Fees Collected* No Fees Collected (TOT Only) 1) Status Quo $0 $0 $0 $0 $5,130 $0 $0 -$5,130 -$5,130 2) Minimal Enforcement $34,907 $26,576 $105,183 $34,907 $26,576 $105,183 $70,276 $105,183 $78,608 3) STR Ban $0 $0 $0 $60,835 $46,948 -$60,835 -$60,835 -$46,948 -$46,948 * Program fees are calculated as cost-recovering for program expenses. If fees are collected, Year 1 and Ongoing program balances would be the same as they reflect the TOT Revenue collected that year. Annual Balance Annual Balance Annual Balance Year 1 Ongoing Year 1 Ongoing ExpendituresRevenue Expenditures Expenditures Revenue Revenue Year 1 Ongoing Community Survey: Overall Findings Who took the survey? Short Term Rental Community Meeting May 29 & 30, 2019 Answered: 409 Skipped: 0 100% 80% ,GOo/o 40% 20% 0% Q1 W h ich optio n best describes you? lama Home-0wneir In S!llll Rafael. 14.18% --I am a Reenter ini San Rafael. 1.96% I own property In San Rafael but do not live here. 0 ·.9·8% I am a property mainager In San Rafael. Q2 How long have you lived in your curre nt home? 100% 80o/o 60o/o 40% 20% 0% 5.87% Lessthanl year 27.M% 1-5 years 39.12% 18.58% '9.29% 5-10 years 10-15 years 15+ years Who took the survey? Short Term Rental Community Meeting May 29 & 30, 2019 Q21 What is your age? 100% 60% 60% 40% 23.47% 24.00% 20% 0.27% 1.33% 0 % Under16 16-24 25-34 35-44 45-54 55-64 Q20 What is your race? 100% 80.80% 80% 60% 40% 20% 0.27% 4.00% 3.73% 0 .80% 0 % White or Black or Hispanic Asian or Native Caucasian African or Latino Asian Hawaii an or American American other Pacific •.• 33.87% 65+ 10.40% Another race Q23 If yes , which San Rafael neighborhood do you live in? Monteclto -9.92% Terra Linda -9 .37% Falrhllls 8.54% Gerstle Park 7.16% Dom inican 6.61 % Hills / Black ... West End 6.61 % Othe r (please i.. s pec i fy)■ 5 .79% Pe acock Gap 4.96% SunValley I 4.68% Bret Harte I 4.41% Linco ln/ San I Rafael Hill 4.13% Glenwo od I 3.58% Santa Venetla 3 .03% Country Club 2.75% Lu cas Valley 2.75% Ca nal I 2.20% 0 % 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% Overall Findings Short Term Rental Community Meeting May 29 & 30, 2019 40% (155). San Rafael should allow Short-Term Rentals but regulate them. 22% (84). San Rafael should ban Short-Term Rentals 4% (17). Not Sure/ Undecided 33% (128). San Rafael should leave Short-Term Rentals unregulated. Overall Findings Short Term Rental Community Meeting May 29 & 30, 2019 Are you aware of any Short-Term Rentals in your neighborhood? No 43 .. 84% (178) Yes 56.16% (228) Overall Findings Short Term Rental Community Meeting May 29 & 30, 2019 If yes, have the Short-Term Rentals caused any problems?Are you aware of any Short-Term Rentals in your neighborhood? - No --- 43.84% (178) Yes 4 t ,41 % (94) Yes 56.16% (228) N,o 58. 59% (133) Overall Findings Short Term Rental Community Meeting May 29 & 30, 2019 Lack of Parking Strangers in the Neighborhood Noise Complaints Other Partying Improper Trash Disposal Guests entering the wrong property If yes, please choose the option(s) below that best describes the problem. 76.34% 163.44% ,56.99% 3.9.78% 31.118,% 3:CJ,.1111% 21.51% 0% 10% 20% 30% 40% SO% 6-0o/o '70% 8-0o/o 90% 100% Overall Findings Short Term Rental Community Meeting May 29 & 30, 2019 Loss of Long-Term Housing Strangers in the Neighborhood Noise Increases in Housing Prices Party Houses Resident Displacement Personal Security How concerned are you about the following challenges related to Short- Term Rentals? Impacts on Neighborhood Character Parking 0% 10% 20% ■ 1-Not Concerned ■ 4-Very Concerned 30% 40% 50% 60% 70% 80% ■ 2-A Little Concerned ■ No Opinion ■ 3-Co111cemed 90% 100% Overall Findings Short Term Rental Community Meeting May 29 & 30, 2019 Loss of Long-Term Housing Strangers in the Neighborhood Noise Increases in Housing Prices Party Houses Resident Displacement Personal Security How concerned are you about the following challenges related to Short- Term Rentals? Impacts on Neighborhood Character Parking “Party Houses” was the only issue where delta between Not Concerned and Very Concerned was near zero. All others “Not Concerned” was largest response. 0% 10% 20% ■ 1-Not Concerned ■ 4-Very Concerned 30% 40% 50% 60% 70% 80% ■ 2-A Little Concerned ■ No Opinion ■ 3-Co111cemed 90% 100% Overall Findings Short Term Rental Community Meeting May 29 & 30, 2019 Require additional parking Require 24-hour local contact Limit number of guests or occupants Require short-term rentals pass a safety inspection Require owner lives at the property Require rules be posted in rental Limit short-term rentals to one per resident How would you prioritize the following Short- Term Rental regulations? Ban all short-term rentals Restrict number of days rented per year Require notification of neighbors of a new listing Require exterior signage 0 % 10% 20% 30% 40% 50% ,GO% 70% 80% 90% 100% ■ 1-Not a Priority ■ 2-A Minor Priority ■ 3-A Major Priority ■ 4-The Sin,gle Biggest Priority Overall Findings Short Term Rental Community Meeting May 29 & 30, 2019 Require additional parking Require 24-hour local contact Limit number of guests or occupants Require short-term rentals pass a safety inspection Require owner lives at the property Require rules be posted in rental Limit short-term rentals to one per resident How would you prioritize the following Short- Term Rental regulations? Ban all short-term rentals Restrict number of days rented per year Require notification of neighbors of a new listing Require exterior signage % of “Single Biggest/ Major Priority” responses ≥ % of “Not A Priority” response for 5 Regulations 0 % 10% 20% 30% 40% 50% ,GO% 70% 80% 90% 100% ■ 1-Not a Priority ■ 2-A Minor Priority ■ 3-A Major Priority ■ 4-The Sin,gle Biggest Priority Community Survey: Short-Term Rental Hosts Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 Have you ever been a Short-Term Rental Host? 5% (18) 14% (53) 15% (57) 66% (254) Have you ever been a Short-Term Rental Host? 14% (18) 2% (2) 84% (104) I allil1 not a host. 1 lhave been a host I h av,e thought about being a host. I am currently a host. No,_I wo 11l11td ~.iike . \·· .. to hst a pro1perty I do lll ot l iiiv e at. Yes, l lliliave mu ll.tii ple· prope rties. · Yes, I cu r rently Liive at tlh e property .. Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 Have you ever been a Short-Term Rental Host? Please select the type of listing you would host? 5% (18) 14% (53) 15% (57) 66% (254) I am not a host. / 1 lhave been a host I h av,e thought about being a host. I am currently a host. Other (please \ specify), 14%08} An .Accessory DweHing Ulffl'l it or Jlun io'I" Dwelling Unit 24% (30) Whole, hmu11se 30%, (37) A. 11rOom ~n a ho ll!.llse 32% (40) Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 It helps me pay my mortgage. I enjoy entertaining and meeting new people I have extra space. I enjoy the sharing economy. Why do you want to host a Short-Term Rental? It provides additional income. I enjoy promoting San Rafael I do not want to manage a long-term rental 10% 10% 20% 30% 4!-0% 50% 60% 70% 80o/o 90% 100o/o ■ 1 Not a Reason ■ ~ A Minor Reason ■ 3-A Majior Reason ■ 4-The Sinigle Biggest Reason Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 It helps me pay my mortgage. I enjoy entertaining and meeting new people I have extra space. I enjoy the sharing economy. Why do you want to host a Short-Term Rental? It provides additional income. I enjoy promoting San Rafael I do not want to manage a long-term rental Financial reasons are the main drivers for hosting Short-Term Rentals ■ 1 Not a Reason ■ ~ A Minor Reason ■ 3-A Majior Reason ■ 4 -The Sinigle Biggest Reason Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 58% (73) of Hosts said they would be willing to pay an annual registration fee. 30 25 20 15 10 • • • • • 5 • • • • • .. • --· . ··-• ·-• •• • •• • • 0 $-$50 $100 $150 $200 $250 $300 $350 $400 $450 $500 Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 58% (73) of Hosts said they would be willing to pay an annual registration fee. On average, hosts said they would be willing to pay an annual fee of $121 (including hosts who said they would not be willing to pay a fee) 30 25 20 15 10 • • • • • 5 • • • • • • --· . ··-. ·-• •• • •• • • 0 $-$50 $100 $150 $200 $250 $300 $350 $400 $450 $500 Community Survey: Non-Short-Term Rental Hosts Deep Dive: Non-Short-Term Rental Hosts 254 Respondents (66% of all responses) Short Term Rental Community Meeting May 29 & 30, 2019 Loss of Long-Term Housing Strangers in the Neighborhood Noise Increases in Housing Prices Party Houses Resident Displacement Personal Security How concerned are you about the following challenges related to Short- Term Rentals? Impacts on Neighborhood Character Parking More likely to be “Very Concerned” with Short-Term Rental Impacts 0% 10% 20% ■ 1-Not Concerned ■ 4 Very Concerned 30% 40% 50% 60% 70% 80% ■ 2-A Little Concerned ■ NoOpi ion ■ 3-Concerned 90% 100% Deep Dive: Non-Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 Require additional parking Require 24-hour local contact Limit number of guests or occupants Require short-term rentals pass a safety inspection Require owner lives at the property Require rules be posted in rental Limit short-term rentals to one per resident How would you prioritize the following Short- Term Rental regulations? Ban all short-term rentals Restrict number of days rented per year Require notification of neighbors of a new listing Require exterior signage While “Very Concerned,” a Short-Term Rental Ban was not considered a priority by majority of non-host respondents. \ 0% 10 % 20% 30 % 0% 5 0% 70% 80% 9 0% 100 % ■ 1-or a Pri or it y ■ 2-A Mi nor Pri ority ■ 3 -. Major Pr ior it y ■ .-The Si n e Bigges-::i ri or"Ly Deep Dive: Non-Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 Require additional parking Require 24-hour local contact Limit number of guests or occupants Require short-term rentals pass a safety inspection Require owner lives at the property Require rules be posted in rental Limit short-term rentals to one per resident Ban all short-term rentals Restrict number of days rented per year Require notification of neighbors of a new listing Require exterior signage Instead similar regulations as survey overall were identified, only with higher priority… …Number of days rented per year is the only new regulation considered a priority. ~ ~ : .. '[ffl: '[ffl ~ ~ • I I ~ Tit}% ~ ~ m 0% 10 % 20% 30 % 0% 5 0% 70% 80% 9 0% 100 % ■ 1-or a Pri or it y ■ 2-A Mi nor Pri ority ■ 3 -. Major Pr ior it y ■ .-The Si n e Bigges-::i ri or"Ly Deep Dive: Non-Short-Term Rental Hosts Short Term Rental Community Meeting May 29 & 30, 2019 Require additional parking Require 24-hour local contact Limit number of guests or occupants Require short-term rentals pass a safety inspection Require owner lives at the property Require rules be posted in rental Limit short-term rentals to one per resident Ban all short-term rentals Restrict number of days rented per year Require notification of neighbors of a new listing Require exterior signage …again, similar regulations as survey overall were identified, only with higher priority When non-host respondents who were supportive of a ban are removed… 0% 10% 20% 30% 4-0% 50% 60% 70% 80% 90% 100% ■ 1-Not a Priority ■ 2-A Minor Priority ■ 3-A Major Priority ■ 4-l'he Sin,gle Biggest Priority Community Survey: Supportive of Ban Deep Dive: Supportive of Ban 84 Respondents (22% of all responses) Short Term Rental Community Meeting May 29 & 30, 2019 Are you aware of any Short-Term Rentals in your neighborhood? 48% of respondents who said they were supportive of a Short- Term Rental Ban, were unaware of Short-Term Rentals in their neighborhood. Yes 5 2.% (4 4) No 48%(40) Deep Dive: Supportive of Ban Short Term Rental Community Meeting May 29 & 30, 2019 Require additional parking Require 24-hour local contact Limit number of guests or occupants Require short-term rentals pass a safety inspection Require owner lives at the property Require rules be posted in rental Limit short-term rentals to one per resident How would you prioritize the following Short- Term Rental regulations? Ban all short-term rentals Restrict number of days rented per year Require notification of neighbors of a new listing Require exterior signage Of the respondents who were supportive of a Short-Term Rental Ban, only 65% marked a ban as their “Single Biggest Priority” I 0% 10% 20% 30% 40% 50% 60% 70% 80% 90% 100% ■ 1-Not a Priority ■ 2-A Minor Priority ■ 3-A Major Pr'iority ■ 4-The Single Biggest Priority “Straw-Man” Proposal What is a “Straw-man” Proposal? A “Straw-man” Proposal is a simple draft proposal intended to generate discussion of its disadvantages and to provoke the generation of new and better proposals. Short Term Rental Community Meeting May 29 & 30, 2019 Policy Proposal Short Term Rental Community Meeting May 29 & 30, 2019 Policy Element Description Occupancy Limits Occupancy is restricted to two people per bedroom. Properties must also be able to provide the appropriate off-street parking spaces for the occupancy they are providing. Ex. a studio and 1-bedroom could allow 2 or less people, a 3-Bedroom house would be 6 or less people. However, a 3-Bedroom house with only one (1) off-street parking space could only allow four (4) guests. Parking Requirements Listings must provide one (1) off-street parking space for every four (4) guests. A minimum of one (1) off-street parking space is required per listing. Ex. A studio and a one-bedroom listing would need to provide one (1) off-street parking space, a 2-and 3-bedroom listing would need to provide two (2) off-street parking spaces. Accessory Dwelling Units An existing Accessory Dwelling Units can be used as Short-Term Rentals only if they have received a Certificate of Occupancy prior to the effective date of the Short-Term Rental ordinance. Owner-Occupancy Requirements The property being used as a short-term rental must be the owner’s primary residence. Policy Proposal Short Term Rental Community Meeting May 29 & 30, 2019 Policy Element Description Registration & Fees Short-Term Rental hosts will be required to submit an initial registration and annual renewal. Hosts will need to pay the following registrations fees: •Initial Registration Fee: $175 •Annual Renewal Fee: $125 Hosts will also be required to collect and remit TOT (10% City, 2% County) for all rentals. For hosts using Airbnb, this collection and remittance will occur automatically through their platform. Safety Inspections As part of the registration, hosts will be required to conduct a self-certification inspection documenting their compliance with the program regulations, including: •Smoke and Carbon Monoxide Detectors; •Rules and Local Contact Information posted inside; •Off-Street Parking Requirements 24-Hour Local Contact Hosts will be required to have a Local Contact (within 30 miles) on file with the City whenever the listing is rented. 24-Hour Complaint Hotline A 24-Hour Complaint Hotline will be available to neighbors in case of disturbance. Meeting Questions Survey •How do the survey results compare to your expectations? •What is most surprising? •Did they change your perception of the topic? If so, how? “Straw-man” Policy •Is the policy in-line with the survey results? •Would you support this policy? •If not, what is missing? What would you change? Short Term Rental Community Meeting May 29 & 30, 2019 Next Steps July 15th-City Council Staff Presentation (Tentative) •Overview of Survey Findings •Program Design Proposal •Draft Ordinance July 29th-City Council Potential First Reading of Ordinance Short Term Rental Community Meeting May 29 & 30, 2019 Updates and Contact Information •Staff posting updates to Short Term Rental Webpage: www.cityofsanrafael.org/short-term-rentals/ •Contact Information: •ethan.guy@cityofsanrafael.org •415.458.2392 Short Term Rental Community Meeting May 29 & 30, 2019 Johna Grim 709 Mission Avenue San Rafael, CA 94901 415-497-5063 grim.johna@gmail.com July 30, 2019 Maribeth Bushey, Councilmember Kate Colin, Councilmember John Gamblin, Councilmember Andrew Cuyugan McCullough, Vice Mayor Gary Phillips, Mayor cc: Jim Schutz, City Manager Dear Council Members, I am writing in support of a Short Term Rental (STR) Ordinance and asking for your consideration of my Airstream STR. My husband and I are retired. We have enjoyed being pilots, sailors, and world travelers -now we want to spend our time hosting others and promoting San Rafael. We believe our STR directly supports Downtown San Rafael and is an enhancement to local businesses and to our mixed-use neighborhood. The promotion of downtown businesses and our location are fundamental to our success. I have attached a few pages that I hope will help make clear our thinking, including pictures and reviews by some of our guests. To ensure that a unique STR such as ours is not a burden on the city, or its neighborhoods, specific rules for travel trailers must be included in the ordinance. We would recommend the following: allowed in mixed-use zones only • travel trailers only, no motorized vehicles must not be visible from the street must be connected to services: water, power, sewage, no generators allowed additional safety requirements: smoke detector, carbon monoxide detector, propane detector, fire extinguisher, fire escapes owner must be on site during occupancy occupancy limited to two adults off-street par king owner-managed waste disposal Thank you for your consideration and please contact me if you have questions or would like clarification. Come for the Airstream -Stay for San Rafael Johna Grim (grim.johna@gmail.com) Come for the Airstream -Stay for San Rafael The Goal promote downtown San Rafael earn additional income for property taxes remain in San Rafael family operation Promoting San Rafael outreach to merchants to create Airbnb Experiences in addition to the Airstream STR -brewery tour, pottery making, painting, fencing, etc. online visitor guides • downtown San Rafael • beaches • hiking in Marin 0 music venues 0 restaurants Short Term Rental Results 90 days estimated TOT $700 ($2,800 annual potential) achieved Airbnb Superhost status in 60 days no complaints, no emergencies, no police calls Who Visited 30 Californians 17 from out of state 9 international ( Canada, Costa Rica, Germany, Ireland, Jamaica, Singapore, South Africa, United Kingdom) 6 associated with Dominican University (parents, lawyers, professors) 3 return visits within 3 months 2 high-tech professionals Johna Grim (grim.johna@gmail.com) July 30, 2019 celebrity actor (Spider Man 2, The Usual Suspects, Mad Men; American Horror Story, and more) international classical pianist About The Iconic Airstream a tiny home • American made 2019 Flying Cloud green machine (high efficiency appliances, led lights, ... ) • si. comprehensive safety features Ordinance Recommendations allowed in mixed-use zones only • travel trailers only, no motorized vehicles must not be visible from the street must be connected to services: water, power, sewage, no generators allowed additional safety requirements: smoke detector, carbon monoxide detector, propane detector, fire extinguisher, fire escapes owner must be on site during occupancy occupancy limited to two adults off-street parking owner-managed waste disposal How We Operate personally greet every guest orientation on the Airstream systems and safety features recommendations for activities in downtown San Rafael and beyond printed house manual host/ co-host on site throughout stay Page 1 of 1 .. ·-·------·-··-----------------------------------~ Come for the Airstream -Stay for San Rafael 100% 5 STARS out of 5 Sample Airstream Flying Cloud Reviews Quentin: This place can not be compared to a hotel. Don't expect a hotel. It is exactly what it says it is, an Airstream. But it's the most sophisticated, comfortable, clean, tidy, comprehensive Airstream that I have ever stayed in. It's a novelty and an adventure to go and sleep in a compact Airstream of sorts. Johna and Greg were super friendly, and made 100% sure I had everything I needed. No mess no fuss. It's in a quiet neighborhood with amenities close by. If you want to experience something unique and different on your travels, this is it!! Enjoy! Maria-Elena: We loved the Airstream, it had all the accommodations that we needed. It was very clean and tidy. Johna was a terrific host, she explained thoroughly how all things worked on the Airstream, and she provided a list oflocal restaurants and things to do in San Rafael. I definitely recommend her place! , "\. Anna: The Airstream is a cozy spot, perfect for a quiet getaway in San Rafael. The adjoining garden is a lovely place to sit in the evening or morning. Johna is an exemplar host -thorough and gracious introduction to the space, and available when needed. Dhulipala: Amazing & a brilliant place to stay! (5 star) Airstream is super clean and has all the amenities to make your stay a memorable one. Thoroughly enjoyed the stay here and an awesome experience which also includes a well maintained garden in-front . Johna was very kind and welcoming. Took care of all the on-boarding stuff and was very responsive when we needed help with the hot water and other minor concerns . Due to this, Johna was kind enough to offer a convenient checkout time. We would definitely make a trip back to stay in the Flying cloud!! Marie-Christine: Nous revoila apres un 2e sejour de 6 nuits dans le beau Airstream de Johna! Encore une fois , nous avons adore notre experience! Tres bien situe pour visiter la region :autant la cote, que SF ou Sonoma/Napa. Proprete irreprochable et Johna s'est assuree que l'on manquait de rien. On espere y revenir lors de notre prochain sejour dans la region!! Nous recommandons vivement ce logement a quiconque desirant vive I' experience Airstream! Translation: We are back after a 2nd stay of 6 nights in the beautiful Airstream of Johna! Once again, we loved our experience! Great location to visit the area : the coast, SF or Sonoma / Napa. Cleanliness and Johna made sure we did not need anything. We hope to return during our next stay in the region! We highly recommend this accommodation to anyone wishing to experience the Airstream experience! Marie -Christine: Nous avons d'abord sejourne 3 nuits dans le Airstream: L'accueil de Johna etait chaleureux et la proprete du lieu impeccable! Elle fait en sorte qu'on se sente bien avec plusieurs petites attentions. Tout etait parfait, au dela de nos attentes! Translation: We first stayed 3 nights in the Airstream. Johna's welcome was warm and the cleanliness of the place impeccable! It makes you feel good with many small touches. Everything was perfect, beyond our expectations! Louis: We enjoyed our stay with Johna in her beautiful Airstream trailer. The amenities were very nice and everything was sparkling clean. A great location close to San Rafael downtown shops. We hope to return soon. Johna Grim (grim.johna@gmail.com) Page 1 of 2 Come for the Airstream -Stay for San Rafael 100% 5 STARS out of 5 Sample Airstream Flying Cloud Reviews Ryan: This Airstream was just perfect! When we stayed in it early March it was so clean and new looking I was surprised we weren't the very first people to stay in it! Of course it was small, but that's the whole point of staying in an Airstream right? We never felt cramped though, as it was so bright and free of unnecessary decor and gadgets. Check-in was smooth; Johna walked us through the particulars of staying in an Airstream (how the heat and waste systems work), and had filled vases with flowers of my wife's favorite color after inquiring with me. What a lovely special touch! We walked to nearby restaurants for dinner and breakfast-it was very conveniently located to downtown. It was fun staying in a different environment, we weren't kept up by road noise at night at all, and all-together we'd recommend Johna's Airstream to anyone! Brian: Johna's Airstream is wonderful and exception~ly clean. Little touches make it a comfortable and unique place to stay, and Johna's hospitality and awareness of potential needs when staying in an Airstream made it extra speci~l. Very comfortable, fun , and relaxing experience. By the way--the chicken mole enchilada dish at La Vier Latin Fusion was some of the best mole I've had. Thanks again! Brian Alana: I loved staying in Johna's Airstream. Sparkling clean, well equipped and centrally located! Will definitely book again when back in San Rafael. Zachary: Johna is such a wonderful host. The Airstream was beyond cool, very clean, and super comfortable. I really enjoyed sitting out near the garden with a glass of wine in the evenings . Excellent atmosphere. Very much looking forward to staying again. Thanks again for such a wonderful and memorable stay. :) Michelle: Johna's Airstream is immaculate and really comfortable. Every amenity is available. The little touches are so hospitably-fresh cream in the fridge, organic soap packets, local recommendations, and a book-share shelf! The location is perfect for walking around San Rafael, or accessing the route to San Fran or Sonoma and Napa. Johna's communication is friendly and prompt. Thanks for a great visit, we look forward to coming again in April! Michelle: This was our second stay at Johna's, and it met every high expectation we had. She is a wonderful host and the space is perfect. We hope to return to the area in the future and stay here again. Mary: Very central location for visitors to San Rafael. Fun to find out what Airstream-living is like. Very gracious hosts! Laura: The Airstream is an amazing place to stay! It's new and very clean. Johna is an awesome host. She's always there if needed and helps you with everything. Thanks for the great experience! Mariah: Johna's Airstream was so nice and extremely clean! She was a great host. I highly recommend staying here. Johna Grim (grim.johna@gmail.com) Page2of2 Ethan Guy Code Enforcement City of San Rafael San Rafael, Ca. Dear Mr. Guy, July 29, 2019 The reason for this letter is the use of single family residence (12 Lido Lane) across the way from me on the other side of the San Rafael Canal. I am looking at it from the windows of my home (36 Porto Bello Dr) directly across (150') from me. The owners of that property, Sia and Sherr Bakhtiari are running a group tourist and special events venue. This is in contra pose to the quiet solitude of our tranquil neighborhood. The Bakhtiari's are running an Ajrbnb. They describe their property as a "resort villa." True it is 4,500 sq ft and she states in her website that it can hold 14 people (ten in the house and four in the boat) but often the people staying there are double that amount as can be seen from the Comments section that can be found at the end of this letter which is directly taken from her website. You can see that website and how she markets this property on airbnb at: https://www.airbnb.com/rooms/10965350 Often there are groups of 25 people or more and recently she had a group of 32 stay there. Often the neighbors call the police as it can get rowdy and the parities out of control. Last weekend (July 19-20) the San Rafael Police Maritime boat had to respond to a group of unsupervised kids swimming in the canal and using a rowboat without any oars and without the appropriate safety gear onboard such as life preservers. And they were staying at 12 Lido Lane. There was not an adult in sight, nor did one make an appearance. We watched from our docks and patios across the way. I believe that this is an inappropriate use of the property that that we as their neighbors have to be subjected to, in the quiet use and enjoyment of our homes in this peaceful and bucolic neighborhood. In a serene neighborhood such as ours the Bakhtiari's renting out of their property as a business in the way they have at 12 Lido Lane interferes with the use and enjoyment that is the main reason and I would assume a right for all of us who live here. We have a right to the peace and quiet and the solitude that living here in this area offers and affords. And that is being taken away from us by Sia and Sherry Bakhtiari'. By renting out their property through Airbnb to large groups of 30 or more is a flagrant use of an absentee homeowner to the rights and privileges that all who live here are entitled to and deserve. It is clear that Sia and Sherry Bakhtiari only care about how much profit they can extract from their property without considering what effect it has on the rights, needs, privileges and common courtesies usually afforded to neighbors by a reasonable person. An ordinance needs to be put in place that protects us, the neighbors from the intrusive interference of our right to privacy and the quiet use and enjoyment of our land. When the groups get loud and noisy we have to go inside our homes, close the doors to shut out the noise from these rambunctious groups. Thank you for your time, Richard Meyerho 36 Porto Bello Dr San Rafael, Ca. Comments The following statements are made by the people that have stayed at Sia and Sherry Bakhtiari's residence at 12 Lido Lane from October 2018 to the present. These comments only cover 10 months as I was only allowed to go back that far on their Airbnb website. As you will see there are many large groups.that have rented this property for large parties and group events. The fact they advertise from their Airbnb brochure: "Guests have the optional yacht rental for groups up to 14 people," means that those who stay aboard the boat (up to 4) use the bathroom facilities. The problem as I see it using the boat as another place to stay is that there are no facilities for sewage pump-out on that boat. Those that stay aboard have to use the toilets as well as the sinks and my question is where does that black and brown water go? For years that boat has not moved from its dock and I have never seen a pump-out boat along side to empty the holding tanks (if they even have them. I think this is in direct violation of BCDC regulations for sewage dumping into the bay. And to make matters worse there are people who swim in the canal and use it for exercise and enjoyment. It's a nice place to swim, calm and peaceful. Our problem as residents of the canal adjacent and in the immediate vicinity of 12 Lido Lane to is that Sia and Sherry Bakhtiari are marketing this property out for large groups. When large groups come into our neighborhood in their reviews of the property for Airbnb they comment that they had no problem from the neighbors. But what about the problem we have about them? I believe that we are entitled to the quiet use and enjoyment of our land so long as we don't infringe upon the rights of others, without invasion of privacy. But that is not happening here. Sia and Sherry Bakhtiari by running their residence as a short term rental hostel/hotel and putting as many people as they can in a residential area are invading our right to privacy to peace, as well as the quiet and the solitude that living here affords us, all of us. They party with abandon, make noise, have had police visits and simply aren't aware or care about the people who live here and make this area their home. Just last weekend, for example (July 20, 2019) there were teenagers jumping from their rental boat into the water ( 4 girls all holding hands) and three boys in the rowboat that they have on the dock that was pit in the water by the boys, without any oars, floating around in the canal unable to control it, a hazard to other boaters. who use the canal regularly going into or out to the bay. The San Rafael Police Water Patrol vessel approached these kids in the boat (they had no oars to paddle which was a huge safety issue) and told them to get out of the boat since they had no life preservers. I don't know if a citation was issued but usually it is. And all this occurred without any adult supervision around. These kids were an accident waiting to happen. The following are comments taken from the Bakhtiari's marketing brochure that they have on Airbnb made by their guests regarding what it was like to stay there. If you access their website provided you can see these comments in full. I have just taken from the individual comments the size of the groups that have had access to the property during their one night stay there. Here is the link to their Airbnb website pertaining to 12 Lido Lane that these following comments are taken from 'Stunning Resort Villa For Rent in San Rafael, California USA' https://www.airbnb.com/rooms/10965350 'Yacht With Gorgeous Views' http://airbnb.me/Fs2g2 LBtQ These are the Reviews by the guests that have stayed there Paul July2019 "our family party of about 30 fit well within the house and backyard. The amenities are incredible, we loved the sauna and jacuzzi and played games all day in the pool" Maya July 2019 "A dozen of us spent an amazing day and night at Sherry's place. Quiet and beautiful, this place is so relaxing. No one wanted to leave." Jason May 2019 "We had a corporate offsite for the day. Outdoor space was awesome and comfortable for 10 of us Aaron May 2019 I booked this space for a milestone birthday and 30 friends and family. Linda April 2019 My family and I had a great Easter get tougher there and the kids had the most amazing Easter egg hunt. We enjoyed the pool, hot tub, and sauna. My husband and his cousins fish on the dock Amanda April 2019 "We brought 3 babies with us, the place was clean, neat, and safe for them. I had extra family that came giving her only few days notice and she was soo accommodating." Juliann April 2019 We used this space as a post wedding get together for our bridal party and everyone enjoyed it Alex March 2019 "Our group was only there for one night stay. Highly recommend for groups looking at cool fun places to stay at!" Aditya March 2019 "I would strongly recommend this place for group of 5-10 friends who want to unwind for a couple of days. Anthony February 2019 "This place is great for large groups. Payton December 2018 "We had a group of 20-30. We remained unbothered by neighbors throughout the night." Kathryn December 2018 "group of 8 friends!." Sara November 2018 "We enjoyed Thanksgiving with our extended family at this house. The location was absolutely beautiful, there are great amenities, and the proximity to downtown San Rafael was fantastic. However, the house was quite expensive, and had a surprising number of deficiencies, some permanent, some temporary. There were no screens on the windows, so they could not be opened for air without letting in mosquitoes, of which there were many. There is only one shower for everybody to share. One bathroom had a jacuzzi tub, but the drain did not work and the jets shot up to the ceiling, so it could not be used. Two of the four bedrooms are quite small and have no closets. Beyond those issues, the house was in a bit of disarray. One toilet was broken. There was rain, which caused several serious leaks, one if which had buckets under it when we got there. One of the two diashwashers didn't work and the second was programmed poorly so that it needed to be attended to during our stay. Many lamps had no lightbulbs and we couldn't find extras in the house. There were several unacceptably dirty things, including empty champaigne bottles and broken balloons in the sauna, cigarette butts on the deck of the outdoor jacuzzi, and intimate items in one of the bedroom nightstands. I will begin by saying that Sherry was kind and very attentive. She responded quickly to all our requests and tried to handle the problems as soon as we contacted her. Unfortunately, when we expressed our disappointment in the condition of her house compared to the extreme price we paid, Sherry offered many excuses and refused to offer any reduction to what we considered rather high rent for such a seriously flawed property. We wouldn't have asked for much, but thought even the consideration would have been fair. I would not stay here again and would not recommend it. Sarah November 2018 "We had my husband's 30th birthday party here, and it was perfect. The place is big, open, and great for large groups." Nick October 2018 "There were 8 of us and we spent most of the time outside." Sammita October 2018 "We had a large group (32). and while parking for large groups is tricky around the area-she did a great job making sure we had planned ahead, saved us spots in her cul-de-sac, and allowed us to squeeze multiple cars into her driveway. Katherine October 2018 "There is NO parking. Only 2 spots. This was an issue because I had a group of people. Sherry constantly called me and text me to talk to me about the parking situation. Constantly having to be in contact with the host was very annoying." As I have illustrated from the above why do we as their neighbors have to be subjected to the intrusion of large parties and group events of a short-term rental simply because the owners of 12 Lido Lane see a way to profit at the expense of the rest of their neighbors who live here and whose right to privacy is invaded while the quiet use and enjoyment of their land is compromised. Here is a link to an article that appeared recently in USA Today on how Sedona, Arizona is attempting to deal with the problem: https://www.msn.com/en-us/news/us/they-killed-our-city-locals-feel-helpless-as- vacation-rentals-overrun-sedona-arizona/ar-AAEWSal?ocid=se. October 21, 2018 Dear Sorrento Way and Lido Lane Neighbors, Hello, my name is Bill Thielen. I live on the Porto Bello condominium waterfront across the canal from you. Please let me take this opportunity to tell you about a concern of mine. A concern shared by my spouse and nearby Porto Bello neighbors. That is issues with the 12 Lido Lane airbnb which, to the best of my knowledge, is owned and operated by Sia and Sherry Bakhtiari. We are directly and closely in this airbnb's line of fire. To put it as politely as I can, we are fed up with the intrusive commotion emanating from this operation. For us, this commercial enterprise has become an unsavory presence on our landscape. The Bakhtiaris may call what they are running an airbnb. But we call it brazen commerce that is out of scale with our closely packed residential neighborhood. The purpose of this letter is to find out if there are similar negative reactions among residents living closest to this airbnb. If you have issues, please let me invite you to share your criticism and thoughts with us. We may benefit from combining our resources. A mobilized neighborhood can swap ideas and formulate strategies how to ameliorate the problem. (You may have already allied yourselves on your side.) In unison, we can exert concentrated, persistent pressure against the Bakhtiaris to heed our objections. In unison, we have a better chance of restoring some of the harmony lost to the Bakhtiaris' expropriation of our waterfront. Please see my attached one page critique of the Bakhtiari airbnb below. I'm distributing this piece among my Porto Bello neighbors who have expressed similar misgivings about what's going on at 12 Lido Lane. If you have time and feel comfortable about it, I'd appreciate a little feedback. Sincerely yours, Bill Thielen 40 Porto Bello Drive San Rafael, CA 94901 415-456-2397 (home) portobello4o@comcast.net Some Observations/ Assumptions Regarding The 12 Lido Lane Airbnb How can one airbnb be so disagreeable? The answer you probably already know, and I finally figured out, lies with the proprietor's vulgar exploitation of the house's pre-existing expansive and elegant attributes created by previous owners: That immense house -4,500 sqft, 6 bedrms, 5 bathrms -makes possible the influx of a very large number of guests at any given time. Ms. Bakhtiari herself, who is a realtor, describes her property as a 'resort villa'. In her airbnb website listing she infers that her guest capacity is 14 people (10 in the house; 4 in the boat). Truth is the facility's maximum capacity is double that amount and it is an asset that the proprietors are not want to lie fallow. I know this because I've counted numerous groups of 25 people or more. Indeed, in her airbnb website reviews, one of her customers praises the hostess for graciously welcoming her recent 32-person stay, which, in her reply, Ms. Bakhtiari corroborates. Some of these gatherings lay waste to the surrounding neighborhood. One I witnessed featured a young adult keg party. Drunken participants were shouting and carrying on past midnight, a few tempting fate by swimming in the canal after dark. The police were called in. Bakhtiari is running a group tourist and special events venue. Catering to groups intensifies the airbnb's negative impact on our neighborhood. Fifteen affiliated guests with a single objective are more rambunctious than the same number of unaffiliated strangers. This past summer we were beset almost daily by an invasion of one type of group or another. Among them were giddy bridal showers, multi-generation family reunions, selfie obsessed foreign visitors, corporate conference goers, blunt force 20-something parties, and weird motivational retreats. This operation is not a mom and pop airbnb. It is a high-octane lodge. Bakhtiari's business model is a cunning one if not crass: offer luxury and beauty at a price that anybody can afford. That is cash in on the property's turn-key elegance, exploit every last inch of its vast capacity, charge $1200 a night, and lure in 15 to 30 affiliated customers wanting the good times to roll. Who wouldn't want to party in such picturesque setting for only $40 to $80 a head per night? The proprietor is now assured a steady stream of clientele. And we are stuck with a steady erosion of our quality of life. Insult upon injury, Bakhtiari is putting little if anything back into the physical property judging from its accelerating deterioration. I heard from a reliable source there is another version to this scheme. Some customers front themselves as a small group. But in reality they are the vanguard in advance of additional party goers. Whether Ms. Bakhtiari is aware of this deception, I cannot say. But I have my suspicions, taking everything into account. over please ... Bakhtiari's here-today-gone-tomorrow clientele are as much a part of the problem as their sheer numbers. Having few if any limits asked of them, they are inclined to let it all hang out. As such they don't give us a second thought. Neither do the Bakhtiaris, judging from their entitlement to do whatever they please. Further I believe they live a comfortable distance removed from the disturbance that they have created. Or they "reside" in the villa just long enough to qualify as its Owner occupiers. The frequency of the airbnb's group turnover is nearly constant: that is a lot of stoked people a lot of the time. Based on my observations, I estimate Ms. Bakhtiari lures in a 15-person group a day, at a rate of 3 to 4 groups a week. She is now billing her airbnb as an 'island resort' instead of a mere villa. Given an uptick in business, I think it's fair to assume that she is busily expanding and diversifying her markets. And of course word is spreading among group venues, especially foreign. To my mind this points to ambition that, not content with abundance achieved, reaches for more. Overreaching that may hasten the day when the island resort is booked to full capacity everyday of the week. It is a prospect that alarms me. Airbnb 12 Lido Lane Owner Information: Sherry (Shahrzad) Bakhtiari, Realtor Engel & Volker's, San Francisco 650-537-2000 (personal/work mobile, I believe) 'Stunning Resort Villa For Rent in San Rafael, California, USA': https://www.airbnb.com/rooms/10965350 'Yacht With Gorgeous Views': https://abnb.me/Fsv2g2L8tQ Ethan Guy From: Sent: To: Cc: Subject: Hi Ana, Lillian Trac <greenthumbl@yahoo.com> Friday, July 26, 2019 4:21 PM Ana Santiago; Ethan Guy Aline Perry San Rafael Short Term Rental I'm following up on our phone conversation today about the proposal to limit short term rentals in San Rafael. My preference is that short term rentals are not allowed at all, other than in limited areas, such as perhaps the downtown area. This is the model that the City Council of Healdsburg, CA reaffirmed back in 2015. My reason for limiting short term rentals is that we need to keep our housing stock for the many families who already live here in the Bay Area, and San Rafael specifically. I believe the long term residents are engaged in their community in a way that transient visitors are not, and can't be due to the limited amount of time that they spend in our community. Allowing short term rentals increases the likelihood that investors will buy precious housing stock and convert it to ad hoc hotels. This is particularly true of the neighborhood where I reside, which fronts the San Rafael Canal. Already, a number of residents in the neighborhood are renting, or have rented their houses on numerous occasions. The houses here rent out easily since we have water access, and the rear yard affords a scenic outlook that is very attractive to visitors (and homeowners alike). If the City Council votes to adopt a resolution allowing for short-term rentals, I would like them to also include in the resolution that no property fronting the San Rafael Canal can be rented out for short term rentals. If there is concern about overreach in such legislation, then I would like to limit short term rentals to only the down-town area, so that those of us who chose to live in a residential neighborhood and to know our neighbors by name, are not faced with nameless and transient visitors trudging in and out of homes adjacent to us. · I do not support carving out any exemptions for home-owners who claim to reside in their homes while at the same time renting it out. This exemption is too easy for home-owners to lie about, and too difficult for the city to monitor or enforce. I ask that the City Council support our local residents and disallow short term rentals . Yours, Lillian Trac 8 Portofino Road San Rafael, CA 94901 1 Ethan Guy From: Sent: Lee Dorfman <leej.dorfman@gmail.com> Monday, June 03, 2019 4:26 PM To: Ethan Guy Subject: STR Legislation Categories: Short Term Rentals Ethan, Thank you for your presentation last week. I wanted to summarize two issues which I believe are very important relative to the proposed STR legislation. 1. Although you acknowledged that limiting the number of short term rental nights in other municipalities has been difficult to enforce, I wanted to nevertheless express my concern that such a provision not be included in the ordinance. Because we were unable to find long-term tenants, we began renting a portion of our home on a short term basis. If we were limited as to the frequency or the number of nights we could do this, we would wind up being vacant for a significant portion of the year. For example if we were limited to say 270 rental nights, the remaining 90 couldn't possibly be rented on a long-term basis because three months by definition would be short term. We would therefore be vacant for these three months. 2. The second issue was already added to your whiteboard, but I wanted to reiterate its importance again. Your strawman proposal contained a provision that would allow an ADU to be used as a STR only if the owner received a certificate of occupancy prior to the effective date of the STR ordinance. Such a provision, if adopted, would be seriously unfair. We received our ADU approval from the planning department approximately 18 months ago and have been doing our remodeling ever since. Because the work isn't yet finished, we do not yet have our certificate of occupancy. It would therefore be far more appropriate to require that only the *issue* date of the permit preclude the effective date of the STR ordinance. Ple?se feel free to call me if you'd like to discuss. Lee Dorfman 1 Ethan Guy From: Sent: To: Subject: Categories: Hi Ethan, Callaway Lucinda < lucinda@there.net> Friday, May 24, 2019 3:09 PM Ethan Guy Short-Term Rentals Short Term Rentals I'm unable to attend upcoming meeting. The City's email did not invite further comment on proposed regulations. But I'd like to do so anyway. Please pass and conscientiously enforce short-term rental regulations. I've seen the detrimental effects first-hand while previously living in Stinson Beach and Bolinas. Short-terms have destroyed the character of Stinson and Bo, i_n part by driving out residents who lived in the towns for decades as their landlords transitioned to Airbnb, etc. Most cities on the Peninsula have long passed regulations. They were recently passed in Redwood City, a city I view as the "San Rafael" of the Peninsula. Sincerely, Lucinda Callaway 3 Woods St. San Rafael CA 94901 1 Ethan Guy From: Johna <grim.johna@gmail.com> Friday, May 10, 2019 5:58 PM Ethan Guy Sent: To: Cc: Ana Santiago Subject: Short Term Rentals Categories: Short Term Rentals We spoke when I called to find out about the outcome of the April 4th meeting for hosts of Short-Term Rentals (STRs) as I was unable to attend. We have read the two documents that you have shared: the April 2018 -Leading Regulatory and Enforcement Approaches To Short-Term Rentals, and the November 2018 -Short-Term Rentals in San Rafael. Since we were unable to comment at the meeting we would like to share our thoughts here. My husband and I are both retired and I am disabled. We live downtown. We completed a remodel of our downtown duplex in 2017. My husband and I moved into the bottom unit, our daughter and son-in-law live in the top. Our daughter Casey is my co-host. One of us is always present when there is a guest. The Airstream is behind where we live. We were looking for a way to promote the city that we have come to love and to make additional income to assist us in our hope to live out our lives here. Our motto is "Come for the Airstream Experience -Stay for San Rafael". We promote downtown and its perfect location for activities throughout Marin and the Bay Area. San Rafael is the heart of Marin County and the portal to highly desirable tourist destinations -Marin County, San Francisco, Sonoma/Napa, and Albany/Berkeley/Oakland. We are not commercial operators and do not intend to acquire or manage additional STR units. We have been hosting since February on Airbnb. I earned the status of superhost in April by attaining the top rating of s stars for all reviews. The Airstream in downtown San Rafael has been an amazing success. We have enjoyed meeting people and making recommendations to them in support of our downtown businesses as well as of Marin County. We know who's visiting -here's a breakdown of our visitors so far. • 30 from California • 17 from 14 states coast to coast and north to south • 9 from 8 countries (Canada, Costa Rica, Germany, Ireland, Jamaica, Singapore, South Africa, United Kingdom) • 6 associated with Dominican University (parents, lawyers, professors) • 3 return visits within 3 months • 2 high-tech professionals • a movie actor (Spider Man 2, The Usual Suspects, Mad Men, American Horror Story, and more) • an international classical pianist Although there are many families living in travel trailers at the state-regulated San Rafael RV Park, we do not use our Airstream for long-term rental and we believe we do no harm to the long-term rental market. We are meticulous about caring for our Airstream. Thousands of people live in Airstreams -stationary as well as on the road. The best way to think of Airstream is as a tiny home on wheels. Unlike the Airbnb Airstream in Mill Valley and the one near Muir Woods that are only the Airstream exterior, ours is a factory-made 2019 Flying Cloud. It is a "green" machine ( high efficiency appliances, LED lights, ... ) and has all the amenities and safety features, better than many homes or apartments. Safety was a very important matter for us. We have a smoke detector, carbon monoxide detector, propane gas detector, fire extinguisher, and an emergency exit in addition to the door. We have a first aid kit in it, too. Our occupancy limit is two adults, with strict noise rules, off-street parking, and owner-managed waste disposal. We personally greet every guest, and we have additional general liability insurance. When a guest leaves we go through the Airst;ream from top to bottom to ensure that all safety equipment is working and that it is as clean as new. When we check someone in we give an orientation on the Airstream systems and safety features. That information is also in our printed house manual with recommendations for eating in San Rafael, live music venues, hiking in Marin, and a list of the products use or supply and why we chose those products. 1 STRs are good for San Rafael because they promote the city and its businesses. We agree that short-term rentals should pay a registration fee, the Transient Occupancy Tax (TOT), self-report on safety features with unannounced inspections, and, as an incentive, a credit for green technologies. We estimate that, if allowed to continue, our contribution to the City of San Rafael through TOT (12%) would be $2,000-2,500 a year .in addition to the goodwill we create. We are willing to pay the TOT retroactively. There has been no complaint from our neighbors, no emergency, no police calls. Our neighbors have told us that they are pleased with what we have done to strengthen the residential character of our residential/commercial neighborhood. We believe that we represent the best practices of STR hosting and that we could be the model for San Rafael. I hope this is helpful information as you work to develop the STR ordinance. Sincerely, Johna and Greg Grim 709 Mission Avenue 415-497-5063 cc: Ana Santiago, Supervising Code Enforcement Officer, via email Steve Stafford, Senior Planner, via Ethan Guy (please forward, we have no email address) ~Johna sent via HQ 2 Ethan Gu y From: Sent: To: Subject: Categories: Greetings, Chris <chris103j@yahoo.com> Tuesday, April 16, 2019 9:53 PM Ethan Guy Short term rentals San Rafael Short Term Rentals Thank you for being available to the San Rafael community's concerns about short-term rentals . Please continue to dialogue and investigate this serious and currently overlooked problem that damages the complexion of our residential communities. Please escalate the dialogue and constructive ~fforts to address the negative impact of short term housing. I, along with many of my long term, residential neighbors point to the need to seriously consider banning short term rentals in San Rafael. Thank you, Dr. C Sent from my iPhone 1 Ethan Guy From: Sent: To: Cc: Subject: Categories: Hi Doug & Lynn Mason <dgmasonl@comcast.net> Tuesday, April 16, 2019 11:05 AM Ethan Guy lskruger94@aol.com; Wayne Johnson shared rentals on shared driveways Short Term Rentals I just received an email from a neighbor regarding the disruption caused in their lives by multiple trips by strangers using a shared driveway. We live at 18 Jewell Street and our driveway belongs to the owner of the house above us but we are entitled to use it because of an easement. Presently, the drive is used by the owner and his downstairs tenant as well as, I assume, someone he has rented a room to. Fortunately, one of them works but the other two are up and down randomly all day. There is a metal gate and every time a car goes over the metal frame in the driveway, it clacks and we are 'notified'. Also, visitors, food deliveries, and tradesmen are up and down and because it is a steep hill, they often rev their engine. We are retired and spend most of our time at home so our rest is often interrupted, if the intrusions were to be multiplied, as they are for our neighbors, it would be unbearable. I think that the City needs to place limits on AirB&B's when the effects are negative on long-time residents. Doug & Lynn Mason 18 Jewell St. San Rafael CA 94901 1 Ethan Guy From: Sent: To: Subject: Categories: Arthur Faibisch <art@adfresearch.com> Friday, March 22 , 2019 2:12 PM Ethan Guy Your suNey Short Term Rentals I completed all your survey until I got to the end and I refused to provide my race or age-so the survey would not allow me to submit it. My race or age is not the city's business so I will not provide it. By the way, your survey is very biased. Art Faibisch 1 Ethan Guy From: Sent: To: Subject: Categories: Dear Mr. Guy, JUDY CUTLER <jwood59cut75@comcast.net> Wednesday, March 13, 2019 9:33 AM Ethan Guy Short term rentals Short Term Rentals I have been following with interest published articles regarding short term rentals. The neighbor who lives next to me does not own the house but rents it and then for over a year has used AirBnB to offer all three bedrooms in this house to overnight guests every night, The whole main floor of house is available to rent as well. For her use there is an additional bedroom below the main house. I assume the actual owner of the house is aware of this commercial enterprise and may profit from it themselves. As you can imagine there are unfamiliar cars parking on the street and unknown people coming and going on a constant basis. This causes me concern as to the safety and stability of our neighborhood. Regulations are needed and business taxes should be collected as this is most certainly a business. Judy M. Cutler 1 Ethan Guy From: Sent: To: Subject: Categories: Hi Ethan, Greg Knell <greg.breakpoint@gmail.com> Tuesday, May 14, 2019 2:13 PM Ethan Guy Another angle on the short term rental meetings Short Term Rentals Was there any response to my point in the survey that it is unfair for those of us with legal in laws (mine has been used often as a prime example of what to do by the City of San Rafael) to have a deed restriction on our property which lowers our property values? We comply with paying road, parking, water and sewer fees which those profiting commercially by running a hotel in my Rl neighborhood do not have to do despite much greater imp·acts on said services. In addition they have clear title allowing them to live elsewhere and be absentee landlords of said hotels while we who have contributed mightily are punished with deed restrictions. Is the City interested in addressing this inequity or must we litigate? Thank you, Greg Knell Graphics Manager Breakpoint Sales Promotional Products, Print and Mail 415-235-2859 4 Term elected Trustee & President San Rafael City School Board Marin County Commissioner and Community Co-Chair RxSafe Marin California State Accelerator fighting the Opioid epidemic statewide San Rafael Chamber of Commerce 35 Year Milestone Member 1 Treasurer, San Rafael Committee for Paramedic Services Marin County School Trustee of the Year 2015-16 681 Del Ganado Rd. San Rafael, CA 94903 greg.breakpoint@gmail.com 2 Ethan Guy From: Sent: To: Cc: Subject: Hi Ethan and Paul, Greg Knell <greg.breakpoint@gmail.com> Tuesday, July 09, 2019 3:03 PM Ethan Guy; Paul Jensen Kate Colin (kbcolin@gmail.com); Maribeth Bushey Re: Update: San Rafael Short Term Rental Staff Report I just wanted to confirm, as we just discussed, that we will see added to the report detailing the strong community survey response calling for the addition of a residency requirement to any policy regulating ABNB type hotels in Rl zoning the admonition that if such a requirement is deemed too onerus by the Council the deed restriction requirement on accessory dwelling units must also be removed. That requirement to those of us helping with the mandate to build accessory units to meet housing demand should be afforded the same relief as afforded ABNB type homeowners. It is a matter of equity that the current requirement which significantly lowers our property values be waived along with any such relief provided to those operating hotels in Rl zoning under current and future City ordinances regulating short term housing in our neighborhoods. Thank you again, Greg Knell Graphics Manager Breakpoint Sales Promotional Products, Pr _int and Mail 415-235-2859 President, Santa Margarita Neighborhood Association 4 Term elected Trustee & President San Rafael City School Board Marin County Commissioner and Community Co-Chair RxSafe Marin California State Accelerator fighting the Opioid epidemic statewide San Rafael . Chamber of Commerce 35 Year Milestone Member Treasurer, San Rafael Committee for Paramedic Services 1 Marin County School Trustee of the Year 2015-16 681 Del Ganado Rd. San Rafael, CA 94903 greg.breakpoint@gmail.com On Tue, Jul 9, 2019 at 2:27 PM Ethan Guy <Ethan.Guy@cityofsanrafael.org> wrote: Hello, Thank you all for your ongoing interest in the City of San Rafael's efforts regarding Short Term Rentals. Since our May community meetings, Staff has been working on incorporating your feedback into our report to City Council. Staff is preparing to return to City Council at the Monday, August 5th City Council Meeting starting at 7pm in the Council Chambers at San Rafael City Hall. At this time, Staff is preparing the Short Term Rental item as an informational report outlining the community outreach and presenting a menu of potential regulations for consideration. Please visit the Public Meetings page for further meeting details and agenda: https://www.cityofsanrafael.org/public- meetings/. Staff will also be updating the Short Term Rental Webpage: https://www.cityofsanrafael.org/short-term- rentals/ Thank you again for your interest and please feel fre_e to reach out with any questions. Best, Ethan Ethan Guy I City of San Rafael Principal Analyst Community Development Department 1400 5th Avenue, 3rd Floor San Rafael, CA 94901 2 415.458 .2392 3 Ethan Guy From: Sent: To: Subject: Stephen Saude <donotreply@eventbrite.com> Thursday, May 30, 2019 8:38 AM Ethan Guy City of San Rafael-Short Term Rental Community Meetings -Question from Stephen Saude Stephen Saude (stephensaude@gmail.com) has a question for you about your event City of San Rafael-Short Term Rental Community Meetings. Unfortunately unable to attend but would like to express my interest in seeing more restrictive measures taken for short- term rentals in SR. Main reason is the adverse transient impact on residential neighborhoods. Thanks, Stephen Saude, SR Resident This message was sent to you via Eventbrite. Collect event fees online with Eventbrite 1°-I 1 From:Ethan Guy To:Lindsay Lara Cc:Brenna Nurmi Subject:FW: Short Term Rental Meeting Request Date:Wednesday, July 31, 2019 2:58:55 PM     From: Susan Hanshaw <susan@innerarchitect.com>  Sent: Wednesday, July 31, 2019 2:48 PM To: Ethan Guy <Ethan.Guy@cityofsanrafael.org> Cc: Ana Santiago <Ana.Santiago@cityofsanrafael.org> Subject: Short Term Rental Meeting Request   Dear Mr. Guy, I have been a homeowner in the Porto Bello community in San Rafael for 22 years. I am a long-time HOA Board member and a downtown San Rafael based business owner. I subscribe to the city’s email list which alerts residents of upcoming meetings, yet somehow I missed that there have been community meetings, a survey with published findings, and a webpage which posts updates on what I now know has been an ongoing discussion about short term rentals in San Rafael. I appreciate the city’s efforts to explore this issue in depth. My interest in the regulation of short-term rentals in San Rafael is a direct result of the Airbnb rental activity at 12 Lido Lane for the past 3 1/2 years. This property is not the “3-Bedroom Single Family Home” described as the typical listing in the Short-Term Rental Findings. It is a 4,400 square foot waterfront property that is marketed and utilized as an event venue rental which regularly accommodates groups of 30. Every Saturday during the summer my husband and I wonder when the rental group will arrive, what type of crowd they will be, how loud their noise, and how long into the night. I’ve had so many peaceful afternoons of gardening be disrupted by a group of strangers who don’t care how their music and drunken screaming activity will impact the surrounding community. It’s all about the party. A few years ago, the homeowners at Porto Bello voted to change our CC&Rs to ban short-term rental usage. This was in response to a unit that had been turned into a short-term rental by its owner. Neighboring homeowners were uncomfortable with: 1. A revolving door of strangers amongst us who had no long-term investment in the community 2. How this dynamic impacted the character of our neighborhood   These two points speak to the heart of what I feel every time a new group of strangers arrive at 12 Lido Lane. How unjust it is knowing that the financial gain for the owner of 12 Lido Lane is being served while the surrounding community members are expected to give up our right to the sense of peace and tranquility we’ve all invested in when we moved into our Single Family Residential Zoning District. I ask that the City of San Rafael take a stance on regulating or banning short-term rentals in a way that does justice to the level of impact each Airbnb makes on its surrounding community. Respectfully, Susan Hanshaw 44 Porto Bello Drive 415-519-6961         From:Ethan Guy To:Lindsay Lara Subject:Fwd: complaint against 12 Lido Lane airbnb Date:Thursday, August 01, 2019 10:06:00 AM Attachments:PB Neighbors Airbnb Cover Letter 7-25-19.docx ATT00001.htm Public comment for STR Sent from my iPhone Begin forwarded message: From: Bill Thielen <portobello40@comcast.net> Date: August 1, 2019 at 12:57:49 PM EDT To: Ethan Guy <Ethan.Guy@cityofsanrafael.org> Cc: Ana Santiago <Ana.Santiago@cityofsanrafael.org> Subject: complaint against 12 Lido Lane airbnb Dear Mr. Guy: I would like to file a complaint about a predator San Rafael airbnb. The proprietor may claim she is running an airbnb. But I call it brazen commerce that is out of scale with our closely packed residential neighborhood. It presents a noxious imposition on adjacent residents and threatens neighborhood cohesiveness, quality of life, and property values. I'm referring to the egregious airbnb located at 12 Lido Lane in San Rafael. My spouse and I, and five of our immediate neighbors located here in the Porto Bello condominium, are in this airbnb's direct line of fire. We are assaulted daily by the noise, intrusion, and stress of never knowing who next is going to foist themselves on us. It is difficult to keep track of who owns this property because of what appears to be evasive shifting of titles behind the scenes. That said, we believe the current owner is Sherry (Shahrzad) Bakhtiari, a real estate agent with Engel & Volker’s, San Francisco. The Bakhtiaris acquired their elegant turn-key property (inside and out) that was languishing on the market several years ago. I believe it was an opportunity too promising for them to pass up. For one thing the house is immense: 4,500 square feet, 6 bedrooms, 5 bathrooms, and boasts of a wrap around waterfront that captures in a single panorama the resort-like setting of our neighborhood. It had mega airbnb written all over it. We are not privy to whether the Bakhtiaris hit upon this concept immediately, but they are now running a successful group tourist and special events venue. What the Bakhtiaris could not entice (i.e. a rich clientele), they compensated by the solicitation of a high volume of customers of more modest means. That is a touch of luxury offered at a price most people can afford. They accomplished this by extolling their property’s resort like setting, exploiting every last square inch of its vast capacity and ready made decor, charging $1,200 a night, and now a year later they are luring in a steady stream of 12 to 30 affiliated guests a day, four to five days a week, and growing. Groups numbering over 25 persons are not uncommon. Indeed in her airbnb website reviews, to cite just one example, one of Bakhtiari's customers praises the hostess for graciously welcoming her 32-person stay, which in her reply, Bakhtiari corroborates. These gatherings lay waste to our neighborhood. One I witnessed featured a young adult keg party. Drunken participants were shouting and carrying on past midnight, a few tempting fate by swimming in the canal after dark. It is this relentless overpowering impact of 12 to 30 stoked strangers inflicting themselves on our neighborhood — with impunity! — that goes to the heart of our grievance. And if all that weren't enough, Bakhtiari is putting little if anything back into the physical property judging from its accelerating deterioration. There is more. Next door to this 12 Lido Lane operation, a recently sold house has been converted into an airbnb: 9 Serrento Way. I fear this is just the beginning of a runaway airbnb infiltration on this end of town. Opportunism that is drawn to the area's waterfront assets, enabled by the City's paltry regulations, and a quaint but ultimately self-defeating live and let live credo among some of the residents. We have been slow to see the reality of the "David and Goliath" contest confronting us. We urge you and the city council to take action that will protect the rights of modest San Rafael property owners like us, who find ourselves at the mercy of predatory short term rental proprietors like Sherry Bakhtiari. And while you're at it, you might want to check out 12 Lido Lane for violations in spite of the present laxity of our city code. Bakhtiari's operation is so flagrant that it seems implausible she is not flouting the law in some form or the other. To cite just one example I have photos that show 25 of her guests blithely crowded on top of her dock, which is shown bending and sinking under the strain. And no Ms. Bakhtiari to be seen anywhere. FYI, I've attached a document that goes into more detail about my observations and critique of the Bakhtiari airbnb. I've distributed it among my neighbors on both sides of the canal. Sincerely, Bill Thielen 40 Porto Bello Drive San Rafael, CA 94901 415-456-2397 portobello40@comcast.net ATTACHMENT