Venice Neighborhood Council will hear 5-7 Dudley and 9 Dudley, the restaurant and the market/deli, Tuesday at 7 pm. They will also be accepting applications for the land use and planning committee.
City attorney Mike Feuer will address what can be and what can’t be used as conditions for owners selling liquor at the Venice Neighborhood Council (VNC) meet Tuesday (29 April) at 7 pm at the Westminster Elementary school, 1010 Abbot Kinney Blvd.
The VNC which normally meets the first and third Tuesday will be tomorrow. Small lot subdivision at 750 Sunset and the proposed project at 1212 Electric will be discussed.
After the August killing of an Italian tourist and the injuring of many more on Ocean Front Walk (OFW), a shocked Venice and a newly elected councilman asked: “What can we do to prevent such an occurrence?”
Following the incident Councilman Mike Bonin took heads of Recreation and Parks, Beaches and Harbors, and the Los Angeles Police Department as well as the fire department for a walk down ocean front walk with him. The question was: What can be done to prevent another such occurrence. Each department made their recommendations.
In addition, another group of businessman, residents, vendors of Ocean Front Walk, people who live and work there, made a list of the things they thought were important to prevent such an occurrence.
Members of Venice Neighborhood Council (VNC) OFW committee, headed by Tom Elliott, an OFW businessman and members of the Public Safety committee, headed by Sevan Gerard, a paramedic, took all the information provided and decided what they thought was appropriate and what they wanted for OFW. This they presented to the Venice Neighborhood Council for consideration.
These are the recommendations made by the Ocean Front Walk and the Public Safety committees.
Note: Approval of the minutes of the meeting for this program has not been posted as approved but It is believed that all as stated were approved in the 17 December meeting minutes.
1. The group recommended to not install automatic bollards due to cost and maintenance and potential failure.
2. The group recommended that they should not install a lockable gate system because it would obstruct delivery, restrict handicap access and potentially dangerous in crowded panic situations.
3. They recommended no hard street closures but functional and artistic obstructions that may include welcome arches, bike racks, statues, art, monuments, and concrete seating areas that do not obstruct ocean views and beach access. Items should be placed close enough to restrict vehicles but not pedestrians and to provide wheelchair and hand-delivery access to the boardwalk.
a. Navy, Brooks, Market, 17th, and 18th shall remain open for emergency access. Venice and Washington Blvds and Rose shall remain open for emergency access and public parking.
b. It was further recommended that the City consult the community and the VNC regarding the use of local art and artists in the design and construction of these Hard Street Closures.
4. The VNC recommended that the City repair the ineffective and temporary bollards and make them more attractive.
5. The VNC recommended light upgrades. It was the number one priority of the Recreation and Parks department. They recommend vast expansion of lighting on OFW, the bike path, and Speedway. All lighting is to be LED and with solar energy. This will be a crime deterrent, safety measure, and support commerce on the boardwalk.
6. The group wanted to increase the number of police and provide and maintain a 24/7 LAPD foot patrol. Police substation at Windward should be “opened and staffed” 24/7. Police should be “trained specifically for the boardwalk” to provide evenhanded enforcement of all ordinances, including 42.15.
7. Open and clean and maintain all public restrooms during park hours.
8. The VNC recommended that the City of LA implement a Warn, Bag, & Tag program similar to the program currently in use in downtown Los Angeles.
9. Maintain a voluntary storage program to move unsightly piles of property out of the public view and to reduce blight and enhance public cleanliness, public safety and greatly improve the visitor experience on OFW and the surrounding area and to provide safe storage for the personal property of un-housed local residents. It shall be located at a site to be determined by the community and LAPD, BUT not on Ocean Front Walk.
Westminster auditorium had standing room only to hear the short-term, vacation rental resolution. The Venice Neighborhood Council voted down the resolution which was written to have the council office look into the short-term rentals that make up a big part of Venice.
One thing that was brought out was the disparity of the law. The Los Angeles Municipal Code and city ordinances governing rentals were not given but Vice-President Marc Saltzberg said rentals under 30 days are illegal in R-1 and R-2 zones.
Under the City’s ordinances, all such rentals of 30 days or less fall into the category of “transient occupancy.” One would ask if they have to have a conditional use permit (CUP) to operate as such. They must register with the Department of Finance and they are subject to 14% tax. “They are illegal yet they have to pay taxes,” Marc Saltzberg explained.
They are “transient rentals” and yet are not governed as hotels/motels. They are under the jurisdiction of the Department of Building and Safety. The lack of clarification continued.
Definition of Vacation Rentals Differs
Everyone who participates in “vacation rentals” seems to have their definition of such. One man who was spokesperson for Home Share spoke and had many confused.
Normally, home share to most is letting someone use your house while you use there’s and most of the time this is in another country. There is no money exchanged in this type of transaction. But the definition has evolved to mean “renting your room, house, multi-unit for money.
Now there is the home owner who rents rooms in his home out to visitors as vacation rentals.
Then there are investors who rent a “place” out purely as a vacation rental. There may be more than one unit in “place” but all units are rented as vacation rentals. These investors do not live on the property and may or may not have an agency handling the rental.
The concern was mainly with this latter type of rental that is occurring and growing in Venice. Some spoke about lack of control neighbors have in the situation, not the place for a neighborhood, not what one wants to have next door. Some suggested call the police.
Jerry Jaffe of the neighborhood committee and a real estate broker spoke about investors considering the purchase of property solely for short-term, vacation rentals.
This is a “growing business,” he said. “This puts a completely different value on a piece of property.”
“I sure don’t have a problem with home sharing, swapping or renting,” wrote one who attended the meet but didn’t want to be named. “The issue was short-term, hotel-like rentals, sometimes 5&6 per beach block that are illegal and not being taxed as hotels. I don’t even mind when the owners are managing, but many are chains with absentee managers who rent out party houses from afar and don’t care about causing nuisances.”
Westminster auditorium had standing room only to hear the short-term, vacation rental resolution. The Venice Neighborhood Council voted down the resolution which was written to have the council office look into the short-term rentals that make up a big part of Venice.
One thing that was brought out was the disparity of the law. The Los Angeles Municipal Code and city ordinances governing rentals were not given but Vice-President Marc Saltzberg said rentals under 30 days are illegal in R-1 and R-2 zones.
Under the City’s ordinances, all such rentals of 30 days or less fall into the category of “transient occupancy.” One would ask if they have to have a conditional use permit (CUP) to operate as such. They must register with the Department of Finance and they are subject to 14% tax. “They are illegal yet they have to pay taxes,” Marc Saltzberg explained.
They are “transient rentals” and yet are not governed as hotels/motels. They are under the jurisdiction of the Department of Building and Safety. The lack of clarification continued.
Definition of Vacation Rentals Differs
Everyone who participates in “vacation rentals” seems to have their definition of such. One man who was spokesperson for Home Share spoke and had many confused.
Normally, home share to most is letting someone use your house while you use there’s and most of the time this is in another country. There is no money exchanged in this type of transaction. But the definition has evolved to mean “renting your room, house, multi-unit for money.
Now there is the home owner who rents rooms in his home out to visitors as vacation rentals.
Then there are investors who rent a “place” out purely as a vacation rental. There may be more than one unit in “place” but all units are rented as vacation rentals. These investors do not live on the property and may or may not have an agency handling the rental.
The concern was mainly with this latter type of rental that is occurring and growing in Venice. Some spoke about lack of control neighbors have in the situation, not the place for a neighborhood, not what one wants to have next door. Some suggested call the police.
Jerry Jaffe of the neighborhood committee and a real estate broker spoke about investors considering the purchase of property solely for short-term, vacation rentals.
This is a “growing business,” he said. “This puts a completely different value on a piece of property.”
“I sure don’t have a problem with home sharing, swapping or renting,” wrote one who attended the meet but didn’t want to be named. “The issue was short-term, hotel-like rentals, sometimes 5&6 per beach block that are illegal and not being taxed as hotels. I don’t even mind when the owners are managing, but many are chains with absentee managers who rent out party houses from afar and don’t care about causing nuisances.”
- VNC (Venice Neighborhood Council) meets at 6:30 pm Tuesday, Westminster auditorium, 1010 Abbot Kinney. Drop off your new, unwrapped toys for the Great Venice Toy Drive while there.
- Two more months fixing Admiralty according to one deputy sheriff.
- Limit lines are no longer used at “Keep Clear” intersections.
- Second Annual Venice Holiday Sign Lighting will be 6 December at Windward. There will also be a Windward Crawl. Festivities will begin at 6:00 pm with a pre-lighting ceremony beginning at 7:45 pm and the actual lighting at 8:00 pm Councilperson Mike Bonin and special celebrity guest will pull the switch and change the Venice Sign colors to Red and Green.
Late October a public safety town hall was hosted by the Venice Neighborhood Council safety committee for improving the safety along Ocean Front Walk.
August 3 a vehicle entered OFW during a busy Saturday and ran into many people on the boardwalk, injuring several and killing one. Councilman Mike Bonin, who had been councilman but a month and a few days, immediately called together people from Beaches and Harbors, Recreation and Parks, Los Angeles Police Department, Department of Transportation, and Los Angeles Fire Department and asked them to walk the OFW and make suggestions.
Immediately signs were posted and plastic bollards were installed. These were intended to be temporary solutions.
Many groups have provided proposals. Department of Recreation and Parks gave theres at the Town Hall. The police have asked for cameras on the west side of OFW as well as a public address system for emergencies. Many have suggested better lighting. The main emphasis has been to provide emergency vehicles access yet stop unauthorized vehicles.
The OFW Task Force met. The task force consists of the above groups plus the city attorney’s office, Venice Neighborhood Council, and merchants, vendors, and residents from Ocean Front Walk.
This group came up with the idea of having police or individuals stationed in different areas, maybe information booths, and the outgrowth has been to have police walking the beat along OFW rather than driving or both . The other major suggestion was the elimination of drugs on the boardwalk.
Gonzo Rock, a representative of the task force, had a sticker poll for all to participate upon leaving the town hall meet. An early count showed police 24/7 walking patrols was the top pick followed by improved lighting, open bathrooms 24/7, and security cameras. Bollards hardly registered. Bottom item not visable
The City Department of Recreation and Parks gave their report at the town hall. Recs and Parks proposed having various solutions, such as retractable bollards, lockable gates with permanent bollards, functional obstructions, decorative elements (concrete planters) with bollards, bollards with concrete planters. Concrete planters seemed to be throughout their plans to add beauty and function. Some of the examples are
North Venice
Breeze Avenue
26th Facing Speedway
Clubhouse facing the Boardwalk
Private parking lot on Sunset
Public safety on Ocean Front Walk will be the subject of the next town hall to be held Tuesday, October 29 at 7 pm, Westminster Elementary School, 1010 Abbot Kinney. RSVP: VNCTownHall@VeniceNC.org.
VNC postponed the motion affecting short-term rentals until next month’s meet. Motion asks Councilman Mike Bonin to investigate “conditions surrounding” these dwellings by appropriate City Departments, that an ordinance be drafted regulating such rentals, and that the ordinance be submitted to a vote prior to 15 Feb 2014.
What is a short-term rental? According to Los Angeles Department of Finance, it is any rental for 30 days or less.
An incentive for doing short-term rentals is not only that one makes more money but one also is not subject to the small, yearly rent increase provided for long-term rentals that are under rent control.
On one hand, short-termers are taking long-term rentals off the market, and on the other hand, the City coffers are greatly enriched by added revenue. But many short-term rentals are under the radar for at least short-term taxes, and maybe, long-term taxes.
Mike Kerns who owns short-term rental property at the beach said this is long overdue. “It’s about time they did this,” he emailed. “I have been registered with the city and paying the 14% transient tax on all my rentals for over 8 years now, but there are many here in Venice who also do the short-term rentals and don’t pay the transient tax.
In looking into this, Update came up with several regulations governing rentals and a few loop holes … or until caught. All information is for City of Los Angles, not Santa Monica or any other city.
Note: Facts regarding taxes for rental units were obtained from a representative from the Department of Finance.
First of all–If you rent a unit or units-short- or long-term, you must have a business license and be subject to a “gross receipts” tax of 1.2 percent per 1000 on a yearly basis. If it is a short-term rental, you are–in addition–required to pay a 14-percent transient tax on income. This tax is collected monthly. Update did not investigate the scrutiny that motels and hotels are under to compare it with one-room rentals.
Second--If you have a unit short- or long-term in City of Los Angeles that was built prior to November 1978, it must be registered with City of Los Angeles and registration is an additional cost. If it is a short-term rental, it is not subject to rent control increase rates because of vacancy decontrol. If it is long-term, it is subject to a small (3 percent this year) increase in rent each year.
Loop hole--How does City find out whether a unit is short- or long-term. If short and not found out, City is out the 14-percent monthly transient tax. (City has ways to find both the short- and the long-term landlord. Takes time and there are fines.) Long-term is easier to discover because of residential zoning.
Short-term rentals in Venice and close surrounding areas have been growing. One concern lists 679 available rentals in area. A representative from Westside rentals says they have 300 to 400 rentals listed. Everyone, it appears, wants to become a motel with a one-room rental. Others rent rental units, such as apartments, on a short-term basis and make more money on a short-term basis than they would if they rented on a monthly, long-term basis.
Short-Termers Take Units off Market?
People claim it is taking rental units off the market for long-term renters. True, it is a good business. It makes extra money for owner (and work) and extra tax income for the City. It also avoids the minimal yearly increase for those under rent control. Short-term rental rates are supply and demand. Perhaps, it is the long-term rental under rent control that is the culprit causing a market shift.
The R-1 Saga
Right now, all rental units built before November 1978 must be registered with the City per Section 151.05 of Municipal Code. It does not specify whether they are short-term or long-term rentals. Section 151.02 specifies two or more rentals on a lot.
So if one is living in a home on an R-1 lot and rents out a room, is he “two rental units on a lot”? A “single family home on a lot” is exempt. Just renting out a room and sharing all amenities is not subject to rent control. But if not sharing amenities and with a separate entrance, it would be. A duplex is if owner lives in one unit and rents out a single even. An R-1 lot should be only one unit with no rentals.
Loop hole–Many “single-family homes on a lot” have a rental and the rental is a separate building. Because they are single-family and not zoned as multiple units, they are not suspect as rentals.
Remember, owner should have a business license, whether short- or long-term rental, and be paying taxes. Unit should be registered with rent control if property was built prior to 1978 and no shared amenities.
What if unit was built prior to 1978, not registered with rent control, owner did not declare income, and tenant complained? Who would get to owner quicker–tax man or rent control? Who would inflict the larger fine?
VNC scoreboard for three motions presented Tuesday night was: alcohol establishment enforcement/compliance, unequivocally voted down; vacated property, passed; and short-term rentals, postponed until next month.