Elk Grove City Council to review AirBNB and short term rentals

Elk Grove City Council to review AirBNB and short term rentals

On Wednesday night, the Elk Grove City Council will hear staff report on short term rentals of homes with services like AirBNB, VRBO and others. The City has received complaints in the past on the issue from nearby residents. Complaints included loud noise, cars leaking fluids, smoking marijuana, illegal parking and more.

In 2018, neighbors in Laguna West complained about a home on Trumbauer Way that was the frequent scene of parties and complaints. Coverage by social media and local media, led to the owner selling the home last year.

In June there was a shooting outside an Elk Grove AirBNB and that renewed calls by some residents for more regulations.

Elk Grove City staff prepared a report and offered three alternatives. (full staff report here)

Option 1 – Allow Short-term Rentals with no restrictions
The first option would see the City continue its current approach to short term rentals by allowing as a matter of right in residential zones. The Elk Grove Police and Code Enforcement would continue to respond to
complaints as they are received. Both departments would continue to
enforce state and local laws concerning criminal and nuisance activities.
Both Police and Code Enforcement feel they have adequate staffing and
resources to effectively enforce this option based on the low volume of
complaints that are currently being reported related to short-term rentals.

Option 2 – Adopt business operation regulations
Currently EGMC Section 16.20.100 requires single family home rentals to
register with the City, ensuring that staff has direct contact with property
owners. This option would also require owners of short-term rentals to obtain a Special Business License from the City, and it would require short-term rental operators to limit activities or manage renters in certain ways.

Under this option, staff would return with operating limitations that could be adopted as part of the City’s business license requirements in EGMC Title 4, or the City’s home occupation limitations in Title 23 (Zoning).

There are several jurisdictions to which the City can look for guidance for
operating regulations that may already be working. For instance, the cities of Roseville and Nevada City have created permitting requirements that
regulate short-term rentals. Staff has reviewed these cities’ ordinances and
identified possible regulations that could be included in this option to alleviate current neighbors’ concerns:
• Limitation on the number of rooms available;
• Requirement that the rental be owner-occupied;
• Requirement for available onsite parking;
• Limitation on the number of days per week or month that rooms
could be offered.

This option could require additional staff time and include a more proactive inspection or monitoring component. Should Council select this option staff would analyze and include implementation/operation costs when the item returns for Council consideration.

Option 3 – Zoning restrictions or limitations
Similar to Option 1, this option would have staff approach short-term rentals as a land-use issue and propose Zoning Code amendments, but with
restrictions on use. Short-term rentals could be prohibited outright in any
zone, or they could be limited to allowed or conditionally allowed uses in
certain residential zoning districts. This zoning option could require operators
to secure either a Minor Conditional Use Permit (MUP), which is subject to
approval by the Zoning Administrator, or a Conditional Use Permit (CUP),
which is subject to approval by the Planning Commission. The MUP or CUP
process would allow for the imposition of operating restrictions such as those discussed in Option 2 and/or additional specific conditions as needed on a case-by-case basis, allowing some regulatory flexibility.

A review of surrounding agencies found that most also have no specific
regulations related to short-term rentals. The table below illustrates the
regulations, if any, that other jurisdictions within the region have established regarding short-term rentals:

The City Council meeting begins at 6 pm in the council chambers located at 8400 Laguna Palms Way. Those wishing to speak on the issue can fill out a comment card that night to speak on Agenda Item 10.1. You will have 3 minutes to speak. If you cannot attend and would like to email the city council and staff your views on the issue, you can copy and paste the following emails.

steveLy@elkgrovecity.org, jbehrmann@elkgrovecity.org, dsuen@elkgrovecity.org, phume@elkgrovecity.org, sdetrick@elkgrovecity.org, snguyen@elkgrovecity.org, jlindgren@elkgrovecity.org

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