The Danville Town Council is set to discuss Tuesday whether to institute a town-wide ban on short-term residential rentals, such as those offered through Airbnb.
Supporters of the recommended prohibition ordinance cited concerns related to public safety, traffic and neighborhood compatibility during town officials' public debate to date, according to city attorney Rob Ewing.
The topic first landed on the Town Council's radar last year when Alamatos neighborhood residents complained about a neighbor renting a room through Airbnb and asked town officials to examine creating rules for short-term residential rentals -- generally defined as rentals of less than 30 days -- since the town had no rules on the books specifically addressing such rentals.
The council also later heard from residents and a local commuter in support of allowing short-term rentals to continue operating in Danville.
There have been an average of 15 housing units in Danville (ranging from individual rooms to entire homes) listed on short-term rental sites over the past six months, out of approximately 16,000 housing units in the town overall, Ewing said in his staff report to the council.
The Danville Planning Commission discussed the issue in November and again last month, reviewing options for prohibiting short-term residential rentals or allowing them to operate subject to regulations. A majority of commissioners voted Jan. 26 to recommend the council approve the ban ordinance, Ewing said.
Violations could be addressed through a civil injunction, criminal citation or administrative citation. The commission supported adding a provision specifying residents could also file a private nuisance action against a neighbor violating the ban ordinance.
Ewing told the council he disagreed with that provision because residents already have the ability to bring a private nuisance cause of action under state law and adding it to the town's municipal code would not add to that right and could set a precedent for future town ordinances.
The council members are set to decide whether to endorse the ban ordinance, support a proposal that instead would allow short-term rentals with regulations or take no action and continue seeking public input on the issue.
If the council supports the ban ordinance Tuesday, it would return for final approval March 1.
The council's regular meeting is scheduled to start at 7:30 p.m. Tuesday inside the Town Meeting Hall, 201 Front St.
In other business
* The council will consider accepting the town's midyear budget report and approving midyear adjustments to the budget and capital improvement program.
"Through midyear, the town's overall financial condition remains strong, with both revenues and expenditures tracking positively in comparison to the approved budget," Town Manager Joe Calabrigo wrote in his staff report to the council.
* Council members will weigh authorizing street closures for 10 community events, including the Devil Mountain Run, Fourth of July Parade, Danville d'Elegance, Run for Education and Danville Fall Crafts Festival.
* They will discuss appointing Randy Haberl as the Heritage Resource Commission's representative to the Historic Design Review Committee.
* The council will also hear reports on the San Ramon Valley Unified School District and the Danville Area Chamber of Commerce as well as an update following the town's annual planning and goal-setting workshop earlier this month.