Planning Board Continues to Consider Airbnb Regulation

On April 28, the Planning Board held a workshop to receive comments on staff recommendations for a Short-Term Rental (STR) Ordinance covering rentals of less than 30 days, commonly offered on such platforms as Airbnb and VRBO. Public and Board comments favored leniency toward short-term rentals in cases where the owner is onsite but were inclined to limit the number of days per year allowed for short-term rentals where the owner is off-site.

Alameda Post - a welcome mat in front of a home
Stock image by Depositphotos.

Short-Term Rentals (STRs)

The City is acting on a commitment in the Housing Element to regulate STRs, which are seen as “conversions to hotels” that reduce long-term housing availability. City zoning regulations are largely silent on STRs, and many operators do not obtain business licenses or pay required transient occupancy taxes. STRs are exempt from local rent control due to their less than 30-day rental term.

Staff recommended restricting STRs to owner-occupied properties where the owner would rent a room in their home or an onsite unit. STRs would not be allowed in deed-restricted affordable housing, in units from which tenants have been evicted under the Ellis Act or due to owner move-in, or in Accessory Dwelling Units (ADUs) built after 2017, per state law.

A key recommendation was to allow “hosted” STRs, where the owner lives year-round in the dwelling where guests are staying, but to limit semi-and unhosted STRs to 90 days per year. Semi-hosted rentals are where the host lives in one unit on the property and rents out another; unhosted rentals are where the owner lives off-site.

Staff also provided recommendations for operating standards (e.g., 24-hour contact person with 30-minute response time, smoke detectors, and fire extinguishers), permitting, and primarily complaint-based enforcement.

Public comment

Public speakers highlighted both nuisance concerns related to unhosted STRs and the need for economic flexibility for semi-hosted STRs. Alameda resident Joe Kaiser described serious disturbances from an unhosted Airbnb next door to his home. He said that the house was initially rented to stable tenants, but since converting to an Airbnb, the property has become a nuisance. He supported requiring an onsite host for STRs.

The remaining speakers were STR hosts who rent a unit on the property where they live. They opposed the proposed 90-day per year limit. One said his family relies on STR income to afford living in Alameda. Renting the cottage on his property as an STR allows his family the flexibility to host visiting family and friends and generate income in between, something the 90-day limit would severely restrict.

Similarly, Steve Bus said he operates an Airbnb in his backyard cottage approximately 200 days per year, allowing him to host family and friends during the remainder of the year. He warned that a 90-day cap would significantly hurt his finances.

Sheila Cahill said she lives in a duplex and rents her downstairs unit. She depends on STR income in her retirement and expressed concern that new restrictions would jeopardize her financial security.

Board comment

Boardmembers agreed with allowing hosted STRs year-round and either prohibiting unhosted STRs or imposing day limits. Some said they preferred a 90-day limit, allowing owners to rent their homes for a season while they live elsewhere, such as during a summer break.

Board debate focused on whether to impose day limits on semi-hosted STRs. Boardmember Andy Wang opposed day limits, saying he fully understood how many families use backyard cottages as “swing space,” both for family purposes and short-term rental income. He argued that day limits on semi-hosted STRs could harm resident income without increasing the housing supply. He urged careful policymaking to prevent unnecessary harm to middle-class families relying on STR income.

Boardmembers Sunny Tsou and Hanson Hom also expressed skepticism toward day limits for semi-hosted STRs. “If we’re trying to preserve housing stock,” Tsou said, “what is the 90-day restriction really doing? You’re not going to be able to rent it out for the rest of the year.”

Board President Xiomara Cisneros, however, expressed concern about allowing unrestricted semi-hosted STRs given that peer cities such as Berkeley and Piedmont typically limit them to 90 days/year.

Staff will use workshop feedback to draft an ordinance for Planning Board review in Summer 2025, with City Council consideration expected in Fall 2025.

Contributing writer Karin K. Jensen covers boards and commissions for the Alameda Post. Contact her via [email protected]. Her writing is collected at https://linktr.ee/karinkjensen and https://alamedapost.com/Karin-K-Jensen.

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