Yorba Linda residents applaud city's ban on short-term rentals; six-months grace period to Jan. 2020

Residents across Yorba Linda are breathing a sigh of relief after the City Council adopted an ordinance banning short-term rentals in all of the city's residential zones, based on a slew of comments on the issue posted on social media sites.

The ordinance takes effect July 4, 30 days after a second reading of the law was approved at a June 4 council meeting, although currently licensed facilities have a six-month grace period, extending to Jan. 4, 2020, to wind down operations.

Here are the details of the new law:

--The ordinance, which adds Chapter 5.50 to Title 5 of Yorba Linda's municipal code, outlaws offering or making available the rental of any residential dwelling, dwelling unit or room in a dwelling for less than 30 consecutive days for compensation “or any consideration.”

The law covers a rental agreement, lease, license “or any other means, whether oral or written” for 30 days or less. At a recent council meeting, City Attorney Todd Litfin stated that an agreement for more than 30 days is a protected property right that “cannot be prohibited.”

--Also outlawed is the placement or maintenance of any advertisement for a short-term residential rental by any person or entity and any person occupying a short-term rental for less than 30 days for compensation or consideration.

Among the reasons for the prohibition, as cited in the ordinance:

--”The conduct of short-term rental business operations within residential neighborhoods presents significant potential for creating unreasonable nuisance impacts on adjoining residential properties related to noise, traffic, safety, parking, etc.”

--Short-term rental operation “threatens an essential feature that defines neighborhood character,” specifically, “knowing one's neighbors and developing neighborly relations with them.”

--Since other cities have adopted bans or are interpreting their codes as prohibiting short-term rentals, Yorba Linda's residential neighborhoods could become “opportunity areas” for the rentals, which would lead to “further degradation of neighborhood character.”

--One of the city's General Plan “land use compatibility” goals allows the city to “review and monitor uses characterized by high levels of noise, nighttime patronage and safety concerns of local law enforcement to prevent impact on adjacent residences, schools, religious facilities and similar sensitive uses.”

Some 15 residents opposed to short-term rentals and four short-term rental operators opposed to a ban spoke at a May 7 council meeting. The council gave first reading to the prohibition at a May 21 meeting on a 5-0 vote, with the second reading approved on a 4-0 vote June 4 (Councilman Gene Hernandez was absent).

City officials estimate that the ban will result in the loss of less than $20,000 annually in the 10 percent transit occupancy tax that is paid on a quarterly basis by the city's currently licensed short-term rental operators.