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National City to junk permissive land-use code

Airbnb regs would be like Chula Vista's

AirBnB house in National City
AirBnB house in National City

Short term rentals are illegal in National City, but at any given time the city estimates there are at least 125-200 in operation.

Without an ordinance to regulate them, officials have been fielding complaints about parking and loud parties, while police last week told the city council the rentals have brought crimes ranging from minor to violent felonies. 

"Yes, they are a problem," said Capt. Derek Aydelotte.

A mass shooting three weeks ago at a party of over 100 teens in a vacant house — while not a short term rental — stoked fears of public safety at properties where owners are absent. "Boy killed, 4 injured in large National City party at abandoned house," said NBC 7 San Diego.

The solution? Martin Reeder, the city's principal planner, gave a report that highlighted how an ordinance could generate revenue by collecting transient occupancy tax from the rentals, while addressing community concerns and ensuring compliance.

City councilmember Luz Molina said she felt "a little bit caught off guard" about creating policy for short-term rentals. The one-page staff report had none of the information she was now hearing. Instead, she heard the city attorney say these are currently illegal in the city. "I don't understand why we are considering this if they're not permitted?" 

Molina asked if there was active enforcement; what revenue the city hoped to gain; and could there be a location breakdown of the rentals by council district?

Vice mayor Ditas Yamane agreed with the idea of showing the breakdown by district. "It looks like chicken pox," she said of the 200 STRs shown strewn around the city.

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"Right now it's everywhere. We don't know who to go after."

Reeder said the city has a permissive land use code, so it's not expressly stated in the code. "You're correct, those are illegal. But initial searches of AirBnB and Vrbo have come up with as many as 200 cases. "If we're going to prosecute 200 cases that's going to take a lot of staff power."

The city would risk rewarding bad behavior by issuing permits, "but this will allow us to start with a clean slate to be sure the city is getting benefit from the money."

Vacation rentals are a topic the city has batted around "ever since the AirBnB craze 5-6 years ago," Reeder said. Meanwhile, Chula Vista and San Diego have already passed their own short term rental ordinances.

Most helpful to National City, he said, are some of the rules in place in Chula Vista — a similar sized city — like a requirement for parking. Most of National City is in high transit areas, and under new state laws most new development doesn't require parking, which could put a burden on neighborhoods with party houses.

A phone number to reach the owner, who must respond within an hour, along with quiet hours, are other options. Putting an economic hardship on bad actors will help, he said, and if problems continue, "you'll lose the license."

The application fee for Chula Vista is around $100, Reeder said.

A phased approach to implementing the rules would begin with getting an ordinance, then hiring vendors. The city has already gotten proposals from three different vendors to manage and enforce its program.

City staff will now gather more data on the location and number of short-term rentals in the city, bring it back to the council in February, and draft an ordinance for review in March.

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AirBnB house in National City
AirBnB house in National City

Short term rentals are illegal in National City, but at any given time the city estimates there are at least 125-200 in operation.

Without an ordinance to regulate them, officials have been fielding complaints about parking and loud parties, while police last week told the city council the rentals have brought crimes ranging from minor to violent felonies. 

"Yes, they are a problem," said Capt. Derek Aydelotte.

A mass shooting three weeks ago at a party of over 100 teens in a vacant house — while not a short term rental — stoked fears of public safety at properties where owners are absent. "Boy killed, 4 injured in large National City party at abandoned house," said NBC 7 San Diego.

The solution? Martin Reeder, the city's principal planner, gave a report that highlighted how an ordinance could generate revenue by collecting transient occupancy tax from the rentals, while addressing community concerns and ensuring compliance.

City councilmember Luz Molina said she felt "a little bit caught off guard" about creating policy for short-term rentals. The one-page staff report had none of the information she was now hearing. Instead, she heard the city attorney say these are currently illegal in the city. "I don't understand why we are considering this if they're not permitted?" 

Molina asked if there was active enforcement; what revenue the city hoped to gain; and could there be a location breakdown of the rentals by council district?

Vice mayor Ditas Yamane agreed with the idea of showing the breakdown by district. "It looks like chicken pox," she said of the 200 STRs shown strewn around the city.

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"Right now it's everywhere. We don't know who to go after."

Reeder said the city has a permissive land use code, so it's not expressly stated in the code. "You're correct, those are illegal. But initial searches of AirBnB and Vrbo have come up with as many as 200 cases. "If we're going to prosecute 200 cases that's going to take a lot of staff power."

The city would risk rewarding bad behavior by issuing permits, "but this will allow us to start with a clean slate to be sure the city is getting benefit from the money."

Vacation rentals are a topic the city has batted around "ever since the AirBnB craze 5-6 years ago," Reeder said. Meanwhile, Chula Vista and San Diego have already passed their own short term rental ordinances.

Most helpful to National City, he said, are some of the rules in place in Chula Vista — a similar sized city — like a requirement for parking. Most of National City is in high transit areas, and under new state laws most new development doesn't require parking, which could put a burden on neighborhoods with party houses.

A phone number to reach the owner, who must respond within an hour, along with quiet hours, are other options. Putting an economic hardship on bad actors will help, he said, and if problems continue, "you'll lose the license."

The application fee for Chula Vista is around $100, Reeder said.

A phased approach to implementing the rules would begin with getting an ordinance, then hiring vendors. The city has already gotten proposals from three different vendors to manage and enforce its program.

City staff will now gather more data on the location and number of short-term rentals in the city, bring it back to the council in February, and draft an ordinance for review in March.

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