HomeMy WebLinkAboutMundekis Reggie - Opposed_RedactedFrom: Reg ina Mundekis <reg gi e_mundekis @me.com>
S ent: Monday, Augus t 17, 2020 8:51 AM
To : PC publiccomment
S u b ject: Public Comment Item #3.2 Short Term Rentals Aug 17, 2020 Meeting
Please see attached letter to the Planning Commission opposing Short Term Rentals in the City.
Dropbox Link for letter
https://www.dropbox.com/s/wiz9eagq7olpqvi/Aug 2020 Plan Com STR Letter Mundekis.pdf?dl=0
Please read aloud during the meeting the first two paragraphs of the letter including as much of the bullet pointed
items as time allows.
Sincerely,
Reggie Mundekis
714-876-7524
Regina Mundekis
2708 E Wilson Ave
Orange, CA 92867
August 16, 2020
Chair Dave Simpson
City of Orange Planning Commission Members
City of Orange Planning Commission
300 E Chapman Ave
Orange, CA 92866
Re: Regarding August 17, 2020, Meeting Agenda Item 3.2 to Allow Short Term Rentals
Dear Chair and Planning Commission Members,
I am writing to you to request you oppose allowing Short Term Rentals (referred to as
“STRs” herein) in the City. STRs are a commercial activity which provides lodging the
same as a hotel or motel which is located in a residential area. Once a neighborhood is
invaded by STRs and their paying customers, the neighborhood ceases to be a
residential neighborhood. Existing STRs have been operating outside allowed zoning
and are thus considered a non-conforming use under the City Municipal Code, the City
must require STRs currently operating to cease operations under an agreed upon
amortization schedule. STRs are an incompatible land use which are inconsistent with
the General Plan and Regional Housing Needs Inventory, among other statutes, codes
and regulations.
My family now lives across the street from an STR which used to be a family home. We
were never asked if we wanted several hundred strangers coming into our neighborhood
to be customers of the STR. We wake up each and every morning concerned who and
what we will have to deal with from the STR. A family home was purchased to be divided
into apartments to create the STR. The owner who lives on site and pays no attention to
what the strangers in her STR are doing, has attempted to intimidate and has verbally
abused my family regarding the STR. The hundreds of strangers coming into our once
quiet and boring neighborhood where the biggest problem was kids playing in the street
have included:
•Two men from Pennsylvania who said that they needed to come across the street
to “burn that down” because I looked at them while performing work in my
front yard.
•Multiple persons who removed license plates from a non-working vehicle and
pushed the vehicle into the street. The STR owner did not say anything and
appeared to not know about the vehicle until street sweeping day. The City tagged
and towed away the vehicle after waiting 72 hours.
•A construction worker from Ohio who verbally abused me and attempted to
intimidate me which including flipping me off.
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The City, at the urging of elected officials who do not support and respect zoning, have
refused to take action against existing STRs, and who are actively participating in and
reaping financial benefits of STRs, is now considering allowing STRs in each and every
residential neighborhood in the City. Said elected officials have told the residents to get
used to STRs and have spoken on behalf of the STR industry while ignoring concerns of
residents.
Ordinance Eliminates Residential Zoning
Zoning can be described as:
“[Z]oning is a separation of the municipality into districts, and the regulation of
buildings and structures, according to their construction, and the nature and
extent of their use, and the nature and extent of the uses of land.” O'Loane v.
O'Rourke, 231 Cal. App. 2D 774, 780 (1965)
The City zoning code recognizes the difference between residential uses which provide
housing for families and housekeeping units and commercial activity which exists to
generate revenue. Up until now, the City has separated commercial and residential uses.
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Now, the City wants to allow commercial activity in the form of STRs in each and every
residential area of the City. Commercial and residential areas are no longer separated
under this proposed ordinance with commercial activity becoming the norm throughout
the City. Residential zoning where commercial activity is strictly limited is ended by this
proposed ordinance.
A General Plan Amendment is Required to Change Zoning
The City's General Plan recognizes the difference between residential use and
commercial use by establishing specific areas for each and every type of land use allowed
in the City. City zoning code and General Plan have placed hotels, motels and other
types of lodging commercial activity in commercial areas and not in residential areas.
Placing a hotel, motel or other types of lodging in a residential area requires a zoning
change and an amendment to the General Plan.
This proposed ordinance does an end run around changing zoning to allow commercial
use for lodging and instead attempts to change the land use matrix to allow commercial
use for lodging in a residential neighborhood. A hotel operator who wants to build a
hotel in a residential neighborhood would have to obtain a General Plan amendment
while an STR engages in a ministerial process to receive a zoning change to allow the
STR to operate. The City is using a text amendment to the zoning code when a General
Plan amendment is required.
STRs Conversion Removes Residential Housing
Converting residential housing to STRs removes residential housing from the market.
This proposed ordinance incentivizes removal of rental housing to become STRs
because STRs generate more revenue for property owners without the need to deal with
long term tenants who have legal protections. The loss of residential housing is
inconsistent with the General Plan and Regional Housing Needs Inventory, among other
statutes, codes and regulations. Residential housing units converted to STRs need to be
replaced through new construction which may require increasing density and enacting
zoning changes to increase density.
Impacts of STRs Cannot Be Assessed At This Time
This ordinance has been brought forward without the City stating how many STRs are
operating in the City, and the locations of said STRs, among other missing data. It is not
possible to qualify and quantify the types and magnitude of impacts including but not
limited to traffic, crime, and loss of housing units from STRs without this data. CEQA
requires cumulative impacts to be assessed and cumulative impacts cannot be assessed
at this time.
City Has Not Noticed All Impacted Property Owners
The City has not notices all impacted property owners. A zoning change or General Plan
amendment requires property owners potentially impacted by the zoning change to be
noticed. Said noticing has not been performed.
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Regarding the Staff Report
5. Project Background
Each and every residential zoning district is impacted by the change to allow
commercial activity. This change is inconsistent with the General Plan and
Regional Housing Needs Inventory, among other statutes, codes and regulations.
6. Project Description
City recognizes the land use change for each and every STR from residential to
commercial lodging use by requiring a business license and payment of Transient
Occupancy Tax (referred to as “TOT” herein). This change is inconsistent with the
General Plan and Regional Housing Needs Inventory, among other statutes,
codes and regulations.
City's proposed 300 ft linear separation between STRs on the same street in
single family and duplex zones with the exception of existing STRs and STRs
involving owner-occupancy allows STRs to dominate neighborhoods by over
concentration. The linear separation allows back to back STRs and STRs across
the street from each other. This provision maximizes the number of STRs,
hollows out residential neighborhoods and creates unquantified and unknown
impacts. This change is inconsistent with the General Plan and Regional Housing
Needs Inventory, among other statutes, codes and regulations.
City's proposed limitations on the number of units in multi-family residential
complexes acknowledges that multi-family residential complexes will be
converted to STRs under this ordinance. This change is inconsistent with the
General Plan and Regional Housing Needs Inventory, among other statutes,
codes and regulations.
7. Analysis and Statement of the Issues
No data regarding the number of STRs currently operating in the City, locations
of current and allowed STRs, and an enumeration of current and allowed STRs in
each and every zoning area, among other data needed to assess impacts. The lack
of data does not allow assessment of impacts as required by CEQA and needed to
determine consistency with the General Plan and Regional Housing Needs
Inventory, among other statutes, codes and regulations.
Definition of Short Term Rental acknowledges that the land use is for lodging and
not residential. City acknowledges that STRs are not residential use but are
commercial use which creates an incompatible land use.
The City is allowing up to 20% of units in multi-family buildings with up to 10
units and up to 10% of units in buildings with 11 units or more to be converted to
STRs. The City is allowing housing to be taken out of the housing inventory. This
change is inconsistent with the General Plan and Regional Housing Needs
Inventory, among other statutes, codes and regulations. Any and all housing
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removed by conversion to STRs in whole or in part must be replaced.
Regarding the Proposed Ordinance
“Whereas, the proliferation of unregulated short term rentals [. . . . ]”
All of these impacts will continue after the ordinance is enacted and will be
increased by the increase in STRs. Banning STRs eliminates these impacts.
“[. . . .] and the coming and going of strangers not known to the
neighborhood [. . . .]”
The proposed ordinance legalizes, encourages, and increases the coming and
going of strangers not known to the neighborhood in each and every
neighborhood of the City. Banning STRs eliminates these impacts.
“Whereas, all of the problems have a tendency to deteriorate the
family neighborhood characteristic [. . . . ]”
This ordinance allows the problems which deteriorate the family neighborhood
characteristic to be increased and allowed to continue. Banning STRs eliminates
these impacts.
“Whereas, the City Council finds that requiring licensing and
establishing standards for the operation of short term rentals
provisions of this ordinance with eliminate the negative impacts
associated with such business [ .. . .]”
City acknowledges STRs are a business and not a residential use. The proposed
ordinance increases the impacts associated with STRs by allowing and
encouraging STRs in each and every neighborhood in the City. The only way to
eliminate impacts from STRs is to ban STRs and allow current operators an
amortization period before ceasing operations.
“Whereas, this Ordinance has been reviewed for compliance with the
California Environmental Quality Act (CEQA) [. . . .]”
The number, locations, types and other information regarding the number of
current and allowed STRs is not known. CEQA impacts cannot be determined
and mitigated without data.
Section II
The number, locations, types and other information regarding the number of
current and allowed STRs is not known. CEQA impacts cannot be determined
and mitigated without data.
Section III
City acknowledges STRs provide similar services as hotels, inns, and motels in
addition to the other uses enumerated in the proposed ordinance. City
acknowledges that STRs are a commercial use and not a residential use. This
proposed ordinance creates an incompatible land use.
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Chapter 5.94.010 Definitions
City acknowledges STRs are commercial and not residential use. City
acknowledges STRs convert residential housing to commercial use. City
acknowledges that STRs are created for financial benefit of persons associated
with said STR. This proposed ordinance creates an incompatible land use.
Chapter 5.94.020 Purpose
City acknowledges STRs cause crime and problems in residential neighborhoods
which are detrimental to public safety, quiet enjoy of one's home, and character
of residential neighborhoods. Said impacts can be avoided by banning STRs.
Chapter 5.94.030 Permit Required
City acknowledges STRs are a commercial activity and are not a residential use of
residential property.
Chapter 5.94.040 Application for Permit
City acknowledges STRs are a commercial activity and are not a residential use of
residential property. This proposed ordinance creates an incompatible land use.
No provisions for not granting a permit based on prior problems at an existing
STR are presented. There is no outreach to surrounding properties prior to
granting a permit.
Chapter 5.94.060 Short Term Rental Regulations
The proposed ordinance does not allow for ending STRs by allowing an
amortization period to recoup costs prior to ceasing STR operation. The proposed
ordinance does not require the number of STR permits be reduced when permits
are not renewed, surrendered or revoked. Conversion to an STR under this
proposed ordinance is permanent and is a permanent decrease in the City's
housing stock. This proposed ordinance creates an incompatible land use. This
proposed ordinance is inconsistent with the General Plan and Regional Housing
Needs Inventory, among other statutes, codes and regulations.
Permitted Locations: Proposed 300 ft separation measured along the
linear block frontage is inadequate to protect residents from over
concentration of STRs by allowing STRs to be back to back or across the
street from another STR. The proposed 300 ft separation allows more than
one STR per block in denser neighborhoods and every other residence to
become an STR in less dense neighborhoods.
Property Manager: An onsite property manager such as is used in the
hotel and motel business is needed to protect residents from STR
customers. Allowing a 30 minute window for an offsite property manager
to respond to a problem means residents who live next to the STR have to
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put up with a problem for at least 30 minutes until an offsite manager can
get around to acknowledging a problem. Actual resolution of a problem
can take longer, creating more problems for the neighbors. STRs are
lucrative which makes the business attractive. Each and every STR has
sufficient cash flows for an onsite property manager who can immediately
respond to problems.
The City acknowledges STRs create problems in residential
neighborhoods.
TOT: City acknowledges STRs are lodging and therefore a commercial
land use which is incompatible with surrounding residential land uses.
Insurance: City acknowledges STRs are a commercial land use which is
incompatible with surrounding residential land uses.
STRs Allowed to House Registered Sex Offenders and Parolees Under
Proposed Ordinance
The proposed ordinance does not require STRs to comply with the municipal code
sections regarding housing of registered sex offenders and parolees which apply to
hotels and motels. STRs must be subject to said municipal code sections to protect the
safety of the neighbors around the STR.
Business for Hotels and Motels by Eroded by STRs
Hotels and motels are vital to economic development of cities by hosting business
travelers, vacationers, meetings and conventions, and marketing their facilities. Jobs are
created when hotels and motels locate in a city with residents employed at the business
and in the businesses which support and supply said hotels and motels. In contrast are
STRs where owners and platforms pocket the cash with no jobs. As the City has recently
seen a dual key hotel project pulled back from approval at the Planning Commission, the
City needs to carefully consider the damage being done to local current and future hotels
and motels by allowing STRs to proliferate in the City.
Maintain Residential Neighborhoods by Banning STRs
The Planning Commission is requested to not pass this ordinance and to take actions to
ban STRs. The City has acknowledged STRs create problems and no amount of
regulation can prevent or effectively manage the problems. The only way to end
problems with STRs is to ban STRs in the City.
Sincerely,
Regina Mundekis
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