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.
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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:
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• 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
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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
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• 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.
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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
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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:
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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.
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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.
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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
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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
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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%
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43%
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64%
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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:
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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
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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:
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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