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Record of Proceedings

Alameda Planning Board Discusses Short-Term Rental Ordinance – February 10, 2025

Planning BoardMonday, February 10, 2025
BodyAlameda, California
SessionPlanning Board
DateMonday, February 10, 2025
StatusFILED
Video Record

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Transcript — Verbatim
0:00

Board and calling to this meeting to order at 7 p.m.

0:03

for Monday, February 10th.

0:05

And we'll go ahead and start with the Pledge of Allegiance.

0:08

Board Member Wang.

0:11

I pledge allegiance.

0:17

And to the Republican stands.

0:19

One nation under God.

0:22

Indivisible with liberty and justice for all.

0:27

Thank you for leading us.

0:28

And we'll go ahead and move on to the first agenda item roll call.

0:33

Yes, uh, good evening.

0:34

Um board member Hom.

0:35

Here.

0:36

Board member Ruiz.

0:37

Here.

0:38

Board Member Wang.

0:40

Here.

0:40

Board Member Saheba.

0:42

Present.

0:43

And President Cisneros.

0:44

Here.

0:45

Okay.

0:45

We have a quorum.

0:47

And board members Sue and Ariza are excused absences.

0:52

Okay.

0:53

Great.

0:54

And the next agenda item is any agenda changes.

1:00

Seeing none from the board or staff.

1:02

We'll move on to non-agenda public comments.

1:06

Does anyone would like to speak on an item that's not on the agenda?

1:09

You may approach and speak for three minutes.

1:14

Seeing no speakers.

1:17

All right.

1:19

Okay, great.

1:20

We'll move on to the consent calendar and seeing no items.

1:23

Then we'll go ahead and move to the regular agenda item 5A on the short-term rental ordinance.

1:37

Yes, uh good evening.

1:39

Um is Steve Buckley.

1:42

I'm the planning services manager, and I'll be making the presentation tonight on the short-term rental ordinance.

1:48

This is just an introductory uh discussion.

1:51

Uh we will be taking uh further um action later, um, but tonight is just a discussion to introduce some thoughts on the item.

2:01

You have a staff report in your packet as well, and so I'm just going to summarize here some of the points in that report.

2:09

Um generally we're here, as I said, to uh just give you a briefing uh on some of the context and the uh need for the ordinance, some of the issues we'd like to address, and then uh an opportunity for you to give some feedback.

2:25

Uh short-term rentals in general are uh also referred to as STRs.

2:31

Uh they refer to uh rooms or entire uh homes or spaces that are uh rented for generally a period of less than 30 days, and so they they don't establish a tenancy per se, um, but they are often um obtained through a uh online platform that such as Airbnb um Virgo and others that you see on television and other channels uh of advertising.

2:59

Uh they're very uh prolific and have um uh worldwide uh influence on the rental market, uh including in Alameda.

3:10

Um, and so uh there's uh opportunities here that um uh offer uh residents uh owners or tenants to um offer their their excess space for rent to uh travelers and uh uh also um you know earn some income, uh but they could also possibly have side effects on the neighborhood that in which they're located uh in terms of noise or parking or those you know, excess trash and and um uh so we we have a policy in our housing element to sort of try to balance those interests uh to protect the rental housing market as well, because in some cases landlords might discover that they can make more money by renting on a short-term basis than they would by entering into a long-term lease, and so we want to uh balance the interest in having housing available for permanent residents and and uh local workers rather than necessarily uh travelers who have other options such as your typical hotel.

4:22

Um this is an example, just a screenshot of of one set of listings on one day.

4:27

Um, but these are the places that were available last week in Alameda on one platform, um, and they're going rate for an overnight stay.

4:38

Um as you can see that they're scattered around town and different neighborhoods and and different um environments.

4:46

So some might be houses, some might be apartments, those apartments might be rented by the landlord, or they might be rented by a tenant, who then is sort of subletting overnight or um by the week.

5:00

They might also just be accessory buildings on a property.

5:03

We've even seen some listings for airstream trailers in a backyard or a yurt, those sorts of unusual places that someone might want to stay just for a unique experience.

5:20

In general, we've seen that the majority are for the whole space, either a whole house or a whole apartment.

5:40

I just mentioned that because some of these platforms are also used by landlords who are looking for longer term tenants, but they might just you know use the platform as an advertising venue, even if they're not necessarily short-term rentals as they're defined.

6:00

Right now, Alameda's zoning code doesn't really mention short-term rental or regulate it in a specific way.

6:08

And so this project includes a whole uh framework that we're going to have to create kind of from scratch as far as the land use regulations.

6:18

However, they are regulated essentially as hotels in our tax code.

6:23

And so technically, short-term rentals are also supposed the hosts are supposed to be collecting and remitting to the city a 14% transient occupant occupancy tax, just like they were if we're a hotel.

6:38

And so hotels do register with the city and they remit a monthly payment to the city, which goes into a fund for all kinds of community benefits for the city.

Discussion Breakdown — Share of Meeting
Short Term Rentals██████████████████████████████30%
Public Comment██████████████████████22%
Landlord Misconduct███████████████████19%
Procedural██████6%
Short Term Rental Regulation██████6%
Rent Program████4%
Public Safety████4%
Community Engagement████4%
Economic Development██2%
Summary of Proceedings

Alameda Planning Board Discusses Short-Term Rental Ordinance

The Alameda Planning Board met on Monday, February 10, 2025, at 7:00 PM in City Hall Council Chambers to discuss a potential update to the zoning ordinance regarding short-term rentals (STRs). The meeting included a staff presentation, public testimony, and board deliberation. No votes were taken; the item was a discussion to gather board direction for drafting a future ordinance.

Consent Calendar

  • No items were presented.

Public Comments & Testimony

  • Eight public speakers addressed the board, all in support of allowing short-term rentals. Most identified themselves as hosts using platforms like Airbnb. Key points included:
    • STRs provide supplemental income for retired homeowners and others on fixed incomes.
    • The vast majority of guests are families visiting relatives, not tourists causing problems.
    • Hosts pay Transient Occupancy Tax (TOT) and support local businesses.
    • Guests appreciate having a “home away from home” in safe neighborhoods, as Alameda has few hotels.
    • Several hosts stated that if STRs were banned, their units would not be converted to long-term rentals but would likely remain vacant.
    • One speaker noted that a similar ban in New York City did not increase long-term rental supply.
  • No speakers opposed STRs during the public comment period.

Discussion Items

  • Staff Presentation: Steve Buckley, Planning Services Manager, introduced the discussion. He noted that Alameda currently has no zoning regulations for STRs, while all neighboring cities do. Key issues include protecting rental housing stock, addressing noise/parking complaints, and ensuring TOT collection. The housing element identified a correlation between high vacancy rates (9-10% of rental units) and the lack of STR regulation. Staff proposed considering categories: hosted (owner on site), semi-hosted (accessory unit on same parcel), and unhosted (entire unit rented while owner absent). Enforcement options range from self‑certification to third‑party tracking.
  • Board Clarifying Questions:
    • Board Member Hom asked about the current business license process (licenses are issued without zoning checks) and noted that below‑market‑rate (BMR) units already prohibit subletting as STRs. He also requested data on past complaints (staff acknowledged some noise/party complaints).
    • Board Member Ruiz inquired about neighboring cities’ policies and how HOAs might interact with new rules. Staff explained that HOAs are typically more restrictive and not enforced by the city.
    • Board Member Wang asked about the TOT threshold (30 days) and whether long‑term rentals also require business licenses (yes, but not TOT).
  • Board Deliberation:
    • Members expressed appreciation for the hosts’ testimony and agreed on the need for regulation (to clarify legality) but not overregulation.
    • Board Member Ruiz advocated for treating hosted and semi-hosted separately from unhosted, and suggested requiring business licenses via platforms.
    • Board Member Hom cautioned against a maximum‑days rule due to enforcement difficulty, and stressed practical regulation focused on worst‑case offenders.
    • Board Member Wang asked for data on what percentage of current STR units would become long‑term rentals if regulated.
    • President Cisneros noted the housing crisis and cited a Vancouver study that found STR ordinances lowered rents, but acknowledged Alameda is different. She favored allowing hosted and semi-hosted but expressed skepticism about unhosted.
  • Director Alan Ty added that the primary drivers for the ordinance are: (1) a suspected correlation between STRs and rental vacancy rates, and (2) lack of enforcement tools. He emphasized that the proposed approach would regulate platforms, not individual hosts.
  • Staff Communications (Items 6A & 6B):
    • Recent permit actions were noted (no further discussion).
    • Upcoming meeting topics: universal design ordinance review and development agreement annual reports.
  • Board Communications: Board Member Ruiz requested staff research AB 1033 (allowing ADU condo conversions) and its applicability to Alameda’s ADU ordinance.

Key Outcomes

  • No formal action or vote was taken; the item was a discussion only.
  • Staff received direction to draft a short-term rental ordinance that:
    • Regulates but does not prohibit STRs.
    • Focuses on hosted and semi-hosted categories; unhosted requires further study.
    • Avoids a maximum‑days limit due to enforcement challenges.
    • Explores requiring business licenses for all STRs and platform accountability.
    • Considers simple self‑certification for safety (e.g., fire extinguishers).
  • Staff will provide data on TOT revenue trends, number of current business licenses for STRs, and potential impacts on long‑term rental conversion.
  • The board will revisit the item after staff drafts an ordinance.
  • Board Member Ruiz’s request regarding AB 1033 will be researched and reported back.

Meeting Transcript

Board and calling to this meeting to order at 7 p.m. for Monday, February 10th. And we'll go ahead and start with the Pledge of Allegiance. Board Member Wang. I pledge allegiance. And to the Republican stands. One nation under God. Indivisible with liberty and justice for all. Thank you for leading us. And we'll go ahead and move on to the first agenda item roll call. Yes, uh, good evening. Um board member Hom. Here. Board member Ruiz. Here. Board Member Wang. Here. Board Member Saheba. Present. And President Cisneros. Here. Okay. We have a quorum. And board members Sue and Ariza are excused absences. Okay. Great. And the next agenda item is any agenda changes. Seeing none from the board or staff. We'll move on to non-agenda public comments. Does anyone would like to speak on an item that's not on the agenda? You may approach and speak for three minutes. Seeing no speakers. All right. Okay, great. We'll move on to the consent calendar and seeing no items. Then we'll go ahead and move to the regular agenda item 5A on the short-term rental ordinance. Yes, uh good evening. Um is Steve Buckley. I'm the planning services manager, and I'll be making the presentation tonight on the short-term rental ordinance. This is just an introductory uh discussion. Uh we will be taking uh further um action later, um, but tonight is just a discussion to introduce some thoughts on the item. You have a staff report in your packet as well, and so I'm just going to summarize here some of the points in that report. Um generally we're here, as I said, to uh just give you a briefing uh on some of the context and the uh need for the ordinance, some of the issues we'd like to address, and then uh an opportunity for you to give some feedback. Uh short-term rentals in general are uh also referred to as STRs. Uh they refer to uh rooms or entire uh homes or spaces that are uh rented for generally a period of less than 30 days, and so they they don't establish a tenancy per se, um, but they are often um obtained through a uh online platform that such as Airbnb um Virgo and others that you see on television and other channels uh of advertising. Uh they're very uh prolific and have um uh worldwide uh influence on the rental market, uh including in Alameda. Um, and so uh there's uh opportunities here that um uh offer uh residents uh owners or tenants to um offer their their excess space for rent to uh travelers and uh uh also um you know earn some income, uh but they could also possibly have side effects on the neighborhood that in which they're located uh in terms of noise or parking or those you know, excess trash and and um uh so we we have a policy in our housing element to sort of try to balance those interests uh to protect the rental housing market as well, because in some cases landlords might discover that they can make more money by renting on a short-term basis than they would by entering into a long-term lease, and so we want to uh balance the interest in having housing available for permanent residents and and uh local workers rather than necessarily uh travelers who have other options such as your typical hotel. Um this is an example, just a screenshot of of one set of listings on one day. Um, but these are the places that were available last week in Alameda on one platform, um, and they're going rate for an overnight stay. Um as you can see that they're scattered around town and different neighborhoods and and different um environments.

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