NCAC Land Use Committee Proposed Revisions
September 2010 Public Review Draft of the Vacation Rental Ordinance
Submitted to NCAC October 20, 2010 (final copy)
Discussion Draft in response to the County’s proposal
Strikeout = deleted language County’s proposal
Underscore = new language Land Use Committee
County staff’s proposed revisions in
redCommittee’s proposed revisions in
blueSection 1:
Obispo County Code, is hereby amended as follows:
Section 23.08.165 of the Coastal Zone Land Use Ordinance, Title 23 of the San Luis23.08.165 – Residential Vacation Rentals:
intended for use as a Residential Vacation Rental shall comply with all standards applicable to
the construction of a residence within the land use category that the Residential Vacation Rental
is proposed.
standards applicable to the land use category where the structure is located that were in
effect when the structure was built, and shall comply with this Section, this Title and state law.
The development of a new structureEvery structure used as a Residential Vacation Rental shall comply with all constructionRental shall not exceed one individual tenancy within seven consecutive calendar days
in Subsection d.
as definedThe use of residential property as a vacation rental within the Cambria,and
standards:
Cayucos, Avila Beach and Los Osos urban reserve lines shall comply with the followinga. Purpose.
residential vacation rentals. These regulations are in addition to all other provisions of
this Title
residential vacation rentals have the potential to be incompatible with surrounding
residential uses, especially when several are concentrated in the same area, thereby
having the potential for a deleterious effect on the adjacent full time residents. Special
regulation of these uses is necessary to ensure that they will be compatible with
surrounding residential uses and will not act to harm and alter the neighborhoods they are
located within.
The purpose of this section is to establish a set of regulations applicable toand state law. In the adoption of these standards the Board of Supervisors find finds thatb. Permit requirements.
(1)
Zoning Clearance, Business License and Transient Occupancy Tax Registration are requiredfor each residential vacation rental.
the effective date of these amendments ( )
subsequent Zoning Clearance may be applied for 90 days after the date of expiration and shall
not be granted unless all of the conditions stated herein are met at that time.
period of three years. Continued operation after the initial three year period is subject to approval
of a Minor Use Permit. The application for a Minor Use Permit must be submitted prior to the
expiration date of the Zoning Clearance. If the Minor Use Permit is still in process after the initial
three year period expires, use of the residence as a residential vacation rental shall cease until
final action is taken on the Minor Use Permit.
A Zoning Clearance for a vacation rental that is issued aftershall expire three years after issuance. Ashall be is valid for a(2)
with the application for Zoning Clearance to show that the service provider(s) has been
informed of the proposed use of the property as a vacation rental, and has confirmed that there is
adequate service capacity available to accommodate this use.
Where water or sewage disposal is provided by a community system, evidence shall be submittedc. Location.
(1)
be approved as a residential vacation rental if it is within 200 feet of another parcel with a residential
vacation rental. The distance shall be measured from the point on the parcel containing
the vacation rental that is nearest to the parcel containing the proposed vacation rental.
vacation rental shall be located within 200 linear feet of a parcel on the same block on
which is located any residential vacation rental or other type of visitor-serving accommodation
that is outside of the Commercial land use category.
same block” shall also include the lots within 200 linear feet across the fronting street from the
proposed residential vacation rental.
Permit approval when a Development Plan is not otherwise required.
Cambria, Cayucos and Los Osos: Within all residential land use categories, no parcel shallno residentialFor the purpose of this measurement, “theThis location standard can be modified through Minor Use(2)
no parcel shall be approved for a residential vacation rental if it is within 50 feet of another
parcel with a residential vacation rental. The distance shall be measured from the property
line of the property containing the vacation rental. In the case of condominium units, the property
line shall be the wall of the individual unit. The location standard may be modified through a
Minor Use Permit approval when a Development Plan is not otherwise required.
Within the Avila Beach Urban Reserve Lind: In all Residential and Recreation land use categories,d. Vacation rental tenancy.
tenancy within seven consecutive calendar days.
until after seven consecutive calendar days following the last day for which rent was paid by the
most recent tenant.
owner and
period
rental shall only be used for the purposes of occupancy as a vacation rental or as a full
time occupied unit. No other use (i.e.: home occupation, temporary event, homestay) shall be
allowed on the site.
Rental of a residence shall not exceed one individualA residential vacation rental shall not be rentedNo additional occupancy of the residence (with the exception of the propertythe owner’s guests while the owner is present) shall occur within that the seven-dayfollowing the last day for which rent was paid by the most recent tenant. A residential vacatione. Number of occupants allowed.
individual residential vacation rental shall not exceed the number of occupants that can
be accommodated consistent with the on-site parking requirement set forth in subsection i
hereof, and shall not exceed two persons per bedroom plus two additional persons. The
Zoning Clearance shall specify the maximum number of occupants allowed in each
individual vacation rental.
The maximum number of occupants allowed in anf. Appearance, visibility and location.
change the residential character of the outside appearance of the building, either by the
use of colors, materials, lighting,; or by the construction of accessory structures or
garages visible from off-site and not of the same architectural character as the residence;
or by the emission of noise, glare, flashing lights, vibrations or odors not commonly
experienced in residential areas.
The residential vacation rental is not tog. Signs.
inch by twelve inch sign shall be placed on the property so as to be visible from the street. The
sign shall read
number
of the residence.
Availability of the rental unit to the public shall not be advertised on site. One eightin full as follows: “For Property Management, call [name and 24-hour telephone(s) of contact person].” The sign shall blend with the existing landscaping and/or colorsh. Traffic.
exceed the type of vehicles or traffic volume normally generated by a home occupied by
a full time resident in a residential neighborhood. For purposes of this section, normal
residential traffic volume means up to 10 trips per day.
Vehicles used and traffic generated by the residential vacation rental shall noti. On-site parking required.
Rental shall be entirely on-site, in the garage, driveway or otherwise out of the roadway,
in accordance with subsection e., above. Tenants of Residential Vacation Rentals shall
not use on-street parking at any time.
All parking associated with a Residential Vacationj. Noise.
(1)
23.06.040 et seq. (Noise Standards).
or cause to be made or continued, and no property manager of a residential vacation rental
shall allow to be made or continued, any noise disturbance in such a manner as to be plainly
audible at a distance of fifty feet from the noisemaker. “Noise disturbance” means any sound
which (a) endangers or injures the safety or health of human beings or animals, or (b) annoys or
disturbs reasonable persons of normal sensitivities, or (c) endangers or injures personal or real
property
[j(1)derived from San Luis Obispo Municipal Code Sections 9.12.020 and 9.12.050]
All residential vacation rentals shall comply with the standards of SectionNo tenant of a residential vacation rental shall make, continue(2)
household electrical current at 110 or 220 volts or that produces noise, dust, odor or vibration
detrimental to occupants of adjoining dwellings.
No residential vacation rental is to involve on-site use of equipment requiring more than tandardk. Local contact person.
property manager. The local property manager shall be available 24 hours a day to
within one hour to tenant and neighborhood questions or concerns. Where a property
owner lives within the same community as the residential vacation rental, the property owner
may designate themselves
in this section shall continue to apply.
All residential vacation rentals shall designate a localand shall respondhimself/herself as the local contact person. All the requirements enumerated(1)
submitted to the Department of Planning and Building, the local Sheriff
Substation, the main county Sheriff’s Office, the local fire agency and supplied to
the owners of property within 200 feet
vacation rental property. This notice shall state the property owner’s intention to establish a residential
vacation rental and shall include the name, address and phone number of the local contact
person, and the standards for noise, parking and maximum occupancy
local Sheriff’s substation and County Code Enforcement, and the Web site location for taking
citizen complaints.
list of all parties notified shall be supplied to the Planning and Building Department at the time
of application for the residential vacation rental.
A notice The name, address and telephone number(s) of the local contact person shall befoot radius of any point on of the proposed the residential, the phone numbers of theA copy of the notice, a form certifying that the notice has been sent and aThe name, address and telephone number(s) of the local contact person shall be permanently
posted in the rental unit in a prominent location(s). Any change in the local contact person’s address
or telephone number shall be
property owners as specified in this subsection
standards for parking, maximum occupancy and noise shall be posted prominently in the residential
vacation rental unit and shall be incorporated as an addendum to the vacation rental contracts.
promptly furnished to the agencies and neighboringwithin five days of the change. In addition, theAny conditions or limitations on the use of the property as a residential vacation rental
imposed by the Board of Supervisors also shall be incorporated as an addendum to the contract
and posted inside the rental unit.
(2)
may contact the Sheriff’s Office. The Sheriff will attempt to reach the local
contact person. In cases where the Sheriff was unable to reach the local contact
person
apply.
If the local contact person is unavailable or fails to respond, the complaining partywithin one hour of placing the first call, the penalties as set forth in Subsection n shalll. Transient Occupancy Tax.
regulations and standards set forth in Chapter 3.08 of the County Code, including any
required payment of transient occupancy tax for each residential vacation rental unit.
Each residential vacation rental unit shall meet them. Effect on existing residential vacation rentals.
(1)
10, 2003 shall be subject to a Zoning Clearance, Business License, Transient Occupancy Tax
Registration, and
provided evidence that the vacation rental unit was in existence prior to April 11, 2003.
Each individual vacation rental in existence on the effective date of this section Septemberall standards set forth in this Section except Subsection c(1) regarding location,(2)
( ) shall be subject to a Zoning Clearance, Business License, Transient Occupancy
Tax Registration and all standards set forth in this Section except Subsection b
requirement for a Minor Use Permit
part of Subsection c
of another parcel with a residential vacation rental.
Residential vacation rentals legally established prior to the effective date of these amendments(1), regarding thethe Zoning Clearance being valid for three years, and that(1) regarding location across the fronting street being located within 200 feet(3)
for a Residential Vacation Rental, expires pursuant to Title 23 and
a new Zoning Clearance
be required and shall be subject to all standards set forth in this Section.
If a Zoning Clearance, and Business License or Transient Occupancy Tax registration issuedor Title 6 of the County Code,, and Business License and Transient Occupancy Tax registration shallZoning Clearance, Business License, and Transient Occupancy Tax Registration, shall be
requested from the county within 120 days of the effective date specified above. If the
Zoning Clearance, Business License, and Transient Occupancy Tax Registration, have
not been requested within the time frames set forth in this section, the penalties of
Chapter 23.10 (Enforcement) of this Title shall apply.
n. Violation – vacation rental.
property in violation of the provisions of this section. The penalties for violation of this
section are set forth in Chapter 23.10 of this Title (Enforcement). Additional penalties
for violation of this section may include
and Business License.
It is unlawful for any person to use or allow the use ofcitation and fine and revocation of the Zoning Clearance(1)
that are submitted under penalty of perjury. The Department of Planning and Building and the
Code Enforcement Unit shall create a form for this purpose and shall post the form on the Department’s
Web site. Complaints may include date-stamped photographs showing house numbers,
and where appropriate to the complaint, vehicle license numbers. The Code Enforcement
Unit may initiate investigation based on such complaints, and may inspect the property owner’s
or rental agent’s rental records as part of its investigation.
The Code Enforcement Unit shall accept citizen complaints alleging violation of this Section(2) (a)
or property manager of a residential vacation rental which may contain an order of abatement or
an order to pay an administrative fine assessed by the Director where the owner, manager or vacation
rental is in violation of any provision of this Section. A citation may be issued without the
assessment of an administrative fine.
The Director of the Planning and Building Department may issue a citation to the owner(b)
including specific reference to the provision of this Section determined to have been violated.
The citation shall be served on the owner of the vacation rental and on the property manager,
if one is known to the Director, in conformance with Section 23.10.040.
The citation shall be in writing and shall describe with particularity the nature of the violation,1.
time for abatement of the violation.
Whenever appropriate, the citation shall contain an order of abatement fixing a reasonable2.
($500) for each inspection or each investigation made with respect to the violation. In assessing a
fine, the Director shall give due consideration to the appropriateness of the amount of the fine
with respect to factors such as the gravity of the violation, the good faith of the owner or manager,
and the history of previous violations.
In no event shall the administrative fine assessed by the Director exceed five hundred dollars3.
that if he or she desires a hearing to contest the finding of a violation, that hearing shall be requested
by written notice to the Director within 30 days of the date of issuance of the citation or
assessment. If a hearing is not requested, payment of any fine shall not constitute an admission of
the violation charged. Hearings shall be held pursuant to Section 23.10.030.
A citation or fine assessment issued pursuant to a citation shall inform the owner or manager4.
the full amount of the assessed fine shall be added to the fee for renewal of the business license
for the vacation rental. A license shall not be renewed without payment of the renewal fee and
fine.
[n(1) through n(2)(b)4 derived from California Business and Professions Code Section 125.9]
Where a citation is not contested and a fine is not paid within 30 days of the date of issuance,(3)
limited to:
Violations that will cause the processing of Zoning Clearance revocation include, but are not(a)
change.
Failure to notify County staff when the contact person changes, within five days of the(b)
Violation of the residential vacation rental tenancy standards as set forth in Subsection d.(c)
as set forth in Subsections e, i and j.
Violation of the residential vacation rental maximum occupancy, parking and noise standards(d)
placing the first call.
The inability of County staff or the Sheriff to speak to a contact person within one hour ofThree documented violations of Subsection n
Officer or Sheriff’s deputy within any consecutive six month period shall be grounds for revocation
of the Zoning Clearance.
more than three times in any consecutive six month period, this shall be grounds for revocation
of the Business License consistent with Title 6 of the County Code.
Subdivision n(3) by a County Code EnforcementIf a local contact person is not able to be reached by the SheriffSection 2: TO BE DETERMINED
study prepared and conducted with respect to the matter described above. The Board of Supervisors
has, as a result of its consideration, and the evidence presented at the hearings on said matter,
determined that the proposed negative declaration as heretofore prepared and filed as a result
of said initial study, is appropriate, and has been prepared and is hereby approved in accordance
with the California Environmental Quality Act and the County’s regulations implementing
said Act. The Board of Supervisors, in adopting this ordinance, has taken into account and reviewed
and considered the information contained in the negative declaration approved for this
project and all comments that were received during the public hearing process. On the basis of
the Initial Study and any comments received, there is no substantial evidence that the adoption of
this ordinance will have a significant effect on the environment.
That the Board of Supervisors has considered the initialSection 3:
for any reason held to be invalid or unconstitutional by the decision of a court of competent jurisdiction,
such decision shall not affect the validity or constitutionality of the remaining portion
of this ordinance. The Board of Supervisors hereby declares that it would have passed this ordinance
and each section, subsection,
the fact that any one or more sections, subsections,
portions be declared invalid or unconstitutional.
If any section, subsection, subdivision, clause, phrase or portion of this ordinance issubdivision, clause, phrase or portion thereof irrespective ofsubdivisions, sentences, clauses, phrases orSection 4:
Commission and upon acknowledgement by the San Luis Obispo County Board of Supervisors
of receipt of the Commission’s resolution of certification.
This ordinance shall become operative only upon approval by the California CoastalSection 5:
Obispo County Board of Supervisors, it shall be published once in a newspaper of general circulation
published in the County of San Luis Obispo, State of California, together with the names
of the members of the Board of Supervisors voting for and against the ordinance.
PASSED AND ADOPTED by the Board of Supervisors of the County of San Luis Obispo, State
of California, on the ________day of ________________________, 20____, by the following
roll call vote, to wit:
AYES:
NOES:
ABSENT:
ABSTAINING:
___________________________________
Chairman of the Board of Supervisors
County of San Luis Obispo
State of California
ATTEST:
_____________________________________
County Clerk and Ex-Officio Clerk
of the Board of Supervisors
County of San Luis Obispo, State of California
[SEAL]
ORDINANCE CODE PROVISIONS APPROVED
AS TO FORM AND CODIFICATION:
WARREN R. JENSON
County Counsel
By:______________________________
Deputy County Counsel
Dated:___________________________
Before the expiration of 15 days after the adoption of this ordinance by the San Luis
