Millbrae refines rules on short-term rentals

The discussion Monday, June 18, comes in the wake of a series of meetings intended to reign in the short-term rental industry after an unruly Airbnb party turned violent, alarming residents and officials alike.

Following the recent discussion, Planning Commission Vice Chair Maureen Davis said she believes officials are on their way to crafting common sense policy which protects community safety while respecting private property rights.

“In general, I think this is a great first step and a step in the right direction. Staff has done a good job of putting together something that makes sense. Nothing will be perfect, but this is huge in terms of protecting residents and allowing people to do what they want with their property,” said Davis.

She noted planning commissioners maintain limited authority in the development of the policy beyond allowing short-term rentals to operate in residential zones, which previously was prohibited.

Commissioners concurred such uses should be accepted if hosts abide by the policy terms recommended. Those who operate rentals without following the guidelines could face fines and other penalties, according to the staff’s suggestion.

Ultimately the Millbrae City Council will approve the policy at an upcoming session.

Under the policies up for consideration, officials may broaden the city’s capacity to generate revenue by seeking business and rental permits as well as transient occupancy taxes from those listing their properties for rent online.

Officials will also examine an opportunity to require property owners to keep an agent locally who can respond to reports of an emergency at a Millbrae listing within an hour. The representative could allow police onto a property, if there was reasonable suspicion that a crime was being committed, according to a city report.

Such an authorization would address concerns raised by residents frustrated that their repeated reports of a recent disruptive party yielded no intervention from police.

Following the incident, police said they could not shut the event down because they could not reach the property owner and the occupants would not allow officers to enter the house. They could not force entry because there was no visible sign of illegal activity, and action could only be taken after gun shots were fired.

The affair spurred significant concern from residents, who urged officials to develop policies reining in the online home rental industry or disallow it entirely.

At the most recent meeting, Davis said a handful of residents spoke on both sides of the issue. One entirely opposed allowing such rentals while other hosts said they would favor increased regulations, so long as the industry is permitted.

Representatives from Airbnb have suggested in the past they would work alongside officials to draft a set of reasonable policies, if that meant the industry is not banned in Millbrae. Ban critics have said such a step is unreasonable, and would likely only push the industry underground or to other websites which are more difficult to monitor.

For her part, Davis said she believed allowing the uses with a fair set of regulations is the most appropriate approach for the community.

“If you are going to allow people to run a business out of your home, here are the rules,” she said.

austin@smdailyjournal.com

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