Agenda, first session — Del Mar City Council, July 10, 2023

Del Mar City Council Meeting Agenda
Del Mar Town Hall
1050 Camino del Mar, Del Mar, California
July 10, 2023 City Council Meeting

INFORMATION RECEIVED

AFTER THE COUNCIL AGENDA

WAS DISTRIBUTED
(“Red Dots”)

CITY COUNCIL QUESTIONS
JULY 10, 2023
Item 5 - Authorization to Apply for State of California Recreational Trails Program Grant Funds for the Del Mar Riverpath Extension Phase 3 (1) Senator Blakespear included $1.4 million in the current state budget for the Osuna bridge portion of the Coast to Crest trail and Senator Atkins included $1.3 million in the state budget for the "reach the beach" section of the Coast to Crest trail that traverses the fairgrounds. Did our Legislative Sub-Committee ask for inclusion of River Path 3 funds from these Senators? If not, can our Legislative Sub-Committee ask these Senators to include funding in the next state budget to be adopted in June of 2024? This could provide funding a full year sooner than the current grant application.

Staff Response: Yes, the City requested $1.3 Million from Senator Catherine Blakespear, but unfortunately these funds were not included in the approved State budget. We do plan to request funds again for the next round of State budget funding. (2) Is funding available from the Coastal Conservancy? They sometimes support projects like this.

Staff Response: Staff is in the process of researching other potential sources of funding that the City could seek out for the Riverpath project, which will include determining if funds through the Coastal Conservancy are available.
(3) Are county grant funds available through Supervisor Lawson-Remer's office? Staff Response: The Riverpath project has received two county grants: 1. County Community Enhancement Grant ($10,000); and 2) County Neighborhood Reinvestment Program Grant ($15,000). We plan to apply for the next round of these County funds if eligible, and staff will request additional funds through Supervisor Lawson-Remer’s office. (4) Has our leg committee asked Congressman Levin if federal funds could be available? Have we asked our assembly member Boerner if she can secure state funds? We requested funding for the City’s sand replenishment project.

Staff Response: The City was awarded $750K in federal funds (FY23) for the Del Mar Climate Resiliency and Access Improvement Project, which included $680K for the Riverpath Project, through a request submitted by Congressman Levin. Staff will attempt to secure additional federal funds for the project as opportunities arise. We were able to secure $500K in the State’s current budget for a sand replenishment project through Assemblymember Boerner’s office and will be requesting funds for the Riverpath Project as part of the next round of State budget funding.
1 July 10, 2023 Items 05, 06,08,09
Item 6 - Community Support Program Funding Agreements for Fiscal Years 2023- 2024 and 2024-2025
1) The staff report indicates that "Most of the funding, totaling approximately $110,000 annually, allocated through the program was provided to Del Mar Community Connections (DMCC) and the Del Mar Village Association (DMVA),..." Can you clarify how much of this went to DMVA and how much to DMCC? I assume the portion of these funds that went to DMVA was in addition to the TOT and $50k they got?
Staff Response: The $110,000 annually referenced in the agenda report, includes the annual $50K in funding to the Del Mar Village Association (DMVA), and $60K to Del Mar Community Connections (DMCC). These funds are the $50K provided annually to the DMVA and are not in addition to.
2) Are the Free Flight student docents volunteers or do they get paid? Staff Response: The Free Flight student docents are volunteers. Free Flight plans to choose one promising volunteer each grant year to offer a $250 stipend to assist as an Outreach & Education Coordinator for the program.
3) Any reason that St. Peter’s Helping Hands did not apply this year? Is there overlap between the Helping Hands program and the food and nutrition program of CRC? I note the Scope of Services of CRC indicates they will serve 15-20 Del Mar residents with their food program--are these in addition to the folks Helping Hands serves or is there overlap?
Staff Response: Staff is not aware of any reason that St. Peter’s did not apply for grant funding for their Helping Hands program. However, staff sent the grant application to the City’s recognized list of non-profit organizations, which does not include St. Peters.

Moving forward, staff will include St. Peters on its distribution list for future grant applications. It is worth nothing that in past budget cycles, St. Peter’s has not been a direct applicant or recipient of grant funding from the City. Instead, CRC received funding from the City that funded a part-time social case worker in partnership with Helping Hands.

CRC has and continues to work in partnership with St Peter’s Helping Hands program; however, their funding application to support their food and nutrition program is separate from their work with Helping Hands. The 15-20 Del Mar residents that they aim to serve with the funding provided by the City will access CRC’s food services at their Encinitas location.

Item 8 – Consideration of the 2023-2027 Memorandum of Agreement between the City of Del Mar and the Del Mar Firefighters Association 2 July 10, 2023 Items 05, 06,08,09
1) The staff report indicates the parties "reached tentative agreement" yet the Resolution states " WHEREAS, the Association has ratified the Memorandum of Agreement for the period July 1, 2023 through June 30, 2027;" Is the agreement at this point "tentative" only pending council approval?
Staff Response: Yes, that is correct.
2) Is the 2% signing bonus included in PERS?
Staff Response: In accordance with CalPERS regulations, the 2% signing bonus in nonpensionable because it is not based on employee performance and the Memorandum of Agreement (MOA) does not include clearly defined objective criteria that would be related to performance bonuses, which would make the bonuses pensionable. 3) Is the ability to "designate a person" for sick leave applicable to other city employees through their agreements or per the city policy manuals, or only fire fighters? Are any of the other benefits applicable only to fire fighters? Staff Response: The City revised its Personnel Rules & Regulations Manual on May 1, 2023, to allow all City employees to “designate a person” when using California Family Rights Act (CFRA) leave in accordance with Government Code Section 12945.3 and Assembly Bill 1041 which went into effect on January 1, 2023. The proposed update to the Del Mar Firefighter Association (DMFA) MOA ensures consistency with the MOA language, the City’s Personnel Rules (which apply to all employees unless specified), and state law.

Due to the nature of their position DMFA employees receive additional benefits compared to non-safety employees, some of which relate to state laws such as richer Workers’ Compensation pay and more generous CalPERS benefits. The City provides some additional benefits only to DMFA employees, based on their status as public safety employees. These benefits include the ability to contribute to a Retirement Health Savings Account (RHS) and educational pay incentives.

Item 9 - Presentation of Data Related to Active Short-Term Rentals and Council Direction on Next Steps to Consider Establishment of New Policies/Regulations
1) City Planning staff did surveys and reported in 2016-17 that the average length of STR stay in Del Mar was 7 days and that there were 500 or more STRs. Have field conditions changed, or does something else explain the variance between then and now?
Staff Response: The agenda report identifies 116 active STR listings as reported by AirDNA for the timeframe of January 1, 2023 through April 30, 2023. This is the number of unique STR advertising listings per lot within the boundary of the City of Del Mar and does not include any duplicate listings.
3 July 10, 2023 Items 05, 06,08,09
Prior data reported to the City Council over the years has generally come from similar data sources; however, those prior reports did not involve the additional analysis and data verification steps completed for the July 2023 report to verify that each STR counted is actually located in the City of Del Mar and is not being counted multiple times (i.e., multiple ad listings for one STR).

By comparison, recent data searches submitted to the City via resident Stephen Quirk indicated approximately 175 STRs in December 2022, and via Eric Klohr, GovOs indicated 214 STRs on June 12, 2023, both of which reflect STR counts for the 92014 zip code area located outside of the City of Del Mar’s boundary/jurisdiction and may also include potentially duplicate listings.

STR data was included in the October 16, 2017, City Council Agenda report, including data provided by Airbnb on September 27, 2017 (Attachment F) and provided by Host Compliance on October 9, 2017 (Attachment I). Host Compliance identified at the time there were 283 unique listings in Del Mar out of a total of 490 listings; however, no supporting data was provided to enable verification of the location within the City boundary or confirm that the listings did not include duplicates. Airbnb identified there were 150 STRs in Del Mar at the time; also, with no supporting data to enable verification.

In terms of the STR trends for reduced length of stays and increased rental rates between 2017 and 2023, those appear to be similar changes in line with the area as reported for the City of Solana Beach and the greater 92014 zip code. 2) As to Wave Crest the staff report indicates (page 6 of 6) "Wave Crest Resort (3 STRs)" The Wave Crest is a Time Share offering weekly stays in all 31 units so all 31 units are short term covering a total of 1,550 room nights. Is the report telling us that of the 31 units 28 are short term available weekly and 3 are STRs rented out for periods shorter than a week?
Staff Response: The Wave Crest Resort is a timeshare resort with 31 units that are sold to owners in increments of weeks, which would mean a total potential of 1612 rental weeks per year at this location. The DTA report shows that only three of the 31 units at Wave Crest are currently advertising to the public for availability as STR rentals. This information is not meant to convey what is allowable at this location in terms use or that only three units can be rented as STRs. The report is simply identifying that AirDNA found advertising listings for only three of the 31 units at Wavecrest. 3) Does the $630 STR average rate include cleaning, security, and other deposits? If not, how much would these add? If Del Mar charged TOT how much would that add? One source reports about $100 for a 3 bedroom just for cleaning.

Staff Response: This information was not provided by AirDNA. https://www.rentalscaleup.com/how-much-should-you-pay-your-vacation-rental-.

Icleaners/#:~:text=Take%20average%20vacation%20rental%20cleaning%20costs%20into%20account&t ext=A%202%2Dbedroom%20property%20ranges,with%20the%20average%20around%20%24100. 4 July 10, 2023 Items 05, 06,08,09
4) Does the reported 62% occupancy rate cover only the Jan-April time when data were collected, or is it assumed to be a sample reflecting a year round average? How can we find out what summer occupancy is?
Staff Response: The AirDNA report on average occupancy, rates, and length of stay covers the January 1, 2023 to April 30, 2023 timeframe. The summer occupancy and additional data could be requested as a future data collection effort if desired. 5) 116 is reported as the number of active STRs in Del Mar during the study period based on STRs advertised online. There are some STRs in Del Mar that are not advertised online, no? Some STRs are regular rentals to repeat customers without advertising, some are rented by posting a sign in the yard or window only. Do we have numbers for these?
Staff Response: The DTA report identifies the number of STRs being advertised as STRs. STR owners that do not advertise STR listings would not have been captured in the data set. There are likely additional STRs operating in the community in accordance with the current forbearance policy established by City Council Resolution which has been maintained in effect while the City establishes new STR policies and regulations. City staff is aware of at least 21 additional STRs that are operating in accordance with the forbearance policy that did not show up in the AirDNA data set. The 21 STRs referenced were previously identified as qualified for the forbearance through prior code enforcement activity.
6) The report indicates there are 2,574 units in Del Mar but only 1,932 are occupied.

That equals a 25% vacancy rate which I assume to be a year round average, an issue in itself! It also means that STRs are 8% of occupied units during the off season Jan-April. Is this accurate? If the rate of STRs goes up in summer, as it likely does, that would reflect an even higher percentage of STRs compared to total and occupied units, no? The City of San Diego STR program limits STR permits to 1% except in the Mission Beach Planning Area, no?
Staff Response: DTA identified that the City has a total of 2,574 dwelling units and that only 1,932 of those units were reported as occupied according to the 2020 United States Census Bureau data. When a unit is reported as vacant, it means that the unit is not being used as a primary residence. This includes vacant units and any units being used as a second home, vacation home, STR etc. Seasonal fluctuations in the use of “vacant” units as STRs would not affect the overall vacancy rate because the units are not being used as primary residences and already are not counted as occupied units.

The high vacancy rate finding is consistent with the City’s adopted Housing Element which identified the City has a high vacancy rate (high proportional number of unoccupied units) in which many of those units are used as seasonal rentals. Housing Element Program 5C identifies a goal to reduce the vacancy rate. 5 July 10, 2023 Items 05, 06,08,09
Item 9 is focused on the data related to Del Mar and does not include any analysis of the existing STR regulations in other jurisdictions. That type of detail will be pertinent and included in future public discussions related to potential policy/regulatory strategies. 7) Do we have data on the average number of people per STR stay? On the number of cars?
Staff Response: This information was not provided by AirDNA. 8) The survey indicates its data are based on information reported by STR operators. Do we know how many STRs operate in Del Mar but do not report? Staff Response: DTA collected listing data from AirDNA. The listing information is provided by STR owners. STR owners that do not advertise STR listings would not have been captured in the data set.
6 July 10, 2023 Items 05, 06,08,09
1 Melinda Gould
From: Lee Larcher <[email protected]>
Sent: Monday, July 10, 2023 11:59 AM
To: City Clerk Mail Box
Subject: Red Dot Comment | City Council Meeting 7/10 | Public Oral Communication Attachments: Aerial Image (2).pdf; unnamed.jpg; Ocean Front Street Photo (1).jpg Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Councilmembers,
I hope this email finds you well. I am writing to report the dangerous and worsening street condition of Ocean Front between 18th and 19th St. in Del Mar. I have attached a photo highlighting the specific area of concern.

Approximately one year ago, your team diligently repaired the same pothole in this street section.

However, it is with great concern that I must inform you that the pothole has resurfaced, grown, and become even more dangerous over the past 12 months. The entire street condition is not only deteriorating but also poses a significant risk to pedestrians and motorists in the area.

In light of this recurring issue, I kindly request your immediate attention to this matter, as well as consider a permanent solution to rectify the ongoing degradation of the entire highlighted street area in the attached aerial image.

Given that this section of the road was repaired in the past, it is evident that it experiences higher levels of wear and tear. Therefore, I strongly believe that a more robust approach, such as repaving and properly draining the street, would not only address the immediate issue but also provide a lasting resolution. By repaving and properly draining the street, we can ensure a longlasting and safe solution, preventing further deterioration and the need for frequent repairs.

Due to the severity of the situation and the potential hazards it poses, I would be grateful if you could prioritize this request and expedite the necessary actions. Del Mar residents and visitors alike rely on the City's commitment to maintaining safe and functional infrastructure, and I trust that your department shares this objective.

Since my last correspondence, I would like to acknowledge that the city of Del Mar has made some efforts to address the potholes in the past couple of months following further outreach. 1 July 10, 2023 Item Public Oral Communication
2 However, it is evident that a more permanent solution is necessary to prevent the recurrence of these issues.

Images of street section flooding were featured in the City's News and Announcements Post dated 1/7/23, titled "Big Surf Slams Beachfront." It appears that there may be inadequate storm drainage contributing to these flooding issues, further highlighting the need for a comprehensive assessment and appropriate action.

Considering the seriousness of these issues, I would also like to inquire if the two-year budget increase for funding streets includes allocations for addressing this specific problem. It is important to ensure that the necessary financial resources are allocated to implement a longlasting solution for the street condition on Ocean Front between 18th and 19th St.

If there is any additional information or documentation required from my end to support this request, please do not hesitate to let me know. I am more than willing to assist in any way possible to expedite the resolution of this issue.

I sincerely appreciate your attention to this matter and eagerly anticipate a swift response. Thank you for your dedication to the City of Del Mar and for your efforts in maintaining our infrastructure.

Best regards,
Lee Larcher
Phone: (602) 481-2184
Email: [email protected]
2 July 10, 2023 Item Public Oral Communication
3 July 10, 2023 Item Public Oral Communication
4 July 10, 2023 Item Public Oral Communication
5 July 10, 2023 Item Public Oral Communication
1 Melinda Gould
Subject: FW: RED DOT - STR'S - Email #1
From: [email protected] <[email protected]>
Sent: Monday, July 10, 2023 8:00 AM
To: Tracy Martinez <[email protected]>; Dan Quirk <[email protected]>; David Druker <[email protected]>; Terry Gaasterland <[email protected]>; Dwight Worden <[email protected]>; City Manager Mail Box <[email protected]>; Leslie Devaney <[email protected]> Cc: [email protected]
Subject: RED DOT - STR'S - Email #1
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Thank you for taking the time to once again to address this ongoing issue regarding short term rentals. As a very longtime resident of Del Mar, I’m absolutely fed up with the negative impacts of the short-term rentals by which I’m surrounded. The attitudes of these vacationers is horrific in that they are of the opinion that because they are paying exorbitant amounts of rent to vacation here, they have purchased a license to do as they wish. Just this past Friday evening (video to follow in the next email), I was awoken at 1:37AM by loud music and even louder voices. As instructed by your loose and unenforced policies, I attempted to contact the owner. Of course, no reply. I then contacted the Sheriff’s department, and they arrived 20 minutes later and asked the tenants to ‘take it inside.’ As soon as the Sherriff drove off, the tenants resumed right where they left off. In the meantime, they got into a verbal altercation with another fed up neighbor that asked them to take it inside. I then called the Sherriff dispatch again, and when the Sherriff returned, he warned the tenants that if he had to return again, they’d be cited. A few minutes later, the Sherriff called me to inform me that there was not much more he could do unless I wanted to issue a citizen’s arrest! Really?? And that I would have to appear in court to testify??? To say that I find this outrageous would be a gross understatement. The tenants are having the time of their lives, the owners are off the grid having a lovely holiday with their lucrative rental income, and I lose a restful night’s sleep at no expense to anyone. Sounds fair.

I urge you to push forward so that measures can be implemented to restore our neighborhoods to what they once were in our peaceful seaside community. We have lost the neighborly atmosphere on our street because we are now living amongst strangers. It has diluted the sense of community that we once cherished. At the end of the day, these are lucrative businesses being operated in RESIDENTIAL neighborhoods, and the beneficiaries (both the tenants and the landlords) have no regard for the negative impacts they are having on us long-term, full-time residents.

Sincerely,
Csilla Crouch
211 27th street and 235 25th street
Csilla H. Crouch
[email protected]
858.245.6793
1 July 10, 2023 Item 09
1 Melinda Gould
From: Kimberly Jackson <[email protected]>
Sent: Sunday, July 9, 2023 12:35 PM
To: Tracy Martinez; Dan Quirk; David Druker; Terry Gaasterland; Dwight Worden; City Manager Mail Box; Leslie Devaney
Subject: STVR Hearing, Item #9
Follow Up Flag: Follow up
Flag Status: Completed
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Dear Honorable Mayor and Council Members,
Thanks for your service to our wonderful community. I am a resident home owner and a local business owner here in Del Mar. I have expressed concern over the dates chosen to finally hear the STVR issue. It fell on deaf ears. Many families engaged in renting their homes are not in town in the peak of season, July. They move out to rent their homes or are traveling while their kids are out of school. My family included. This issue should have been heard in the off season, so all engaged STVR owners were in town to attend your hearings.

I would like to encourage Del Mar Council to look at other coastal communities that have approved California Coastal Commission rules and regulations. City of San Diego, Solana Beach, Encinitas, Carlsbad, and Oceanside all have approved rules and regs around STVRs. I have never seen The CCC approve a cap on allowable number of nights rented per year. If this is Del Mar's plan, it will fail. Please don't waste more taxpayer money trying to impose government overreach. A precedent has been set, for decades upon decades, of STVR families being able to rent their homes for 365 days per year. This is NOT an HOA community. Please don't try and take away property rights. This will fail and waste everyone's time. It will also be a code enforcement nightmare to chase dates.

Thanks again for your service to our gem of a town,
To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

To help protect your priv acy, Microsoft Office prevented automatic download of this picture from the Internet.

Kimberly Jackson

FOUNDER
Vacation Rental Management
(503) 957-9354
[email protected]
www.vacationrentalsbykimberly.com
1 July 10, 2023 Item 09
1 Melinda Gould
From: deftos <[email protected]>
Sent: Monday, July 10, 2023 11:09 AM
To: City Clerk Mail Box
Subject: Item #9 STRs
Attachments: Commission-STR-LCP-Actions-Table-May-20-2019.pdf Follow Up Flag: Follow up
Flag Status: Flagged
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Del Mar City Council and Honorable Mayor,
Attached is a table regarding actions taken by the Coastal Commission on proposed LCP amendments to regulate shortterm rentals for various cities in the coastal zone.

From this table, it does appear that the Coastal Commission has approved regulations that limit the number of days a dwelling unit can be rented as a short-term rental, including allowing Del Mar in 2018 to limit rental days to a total of 100 days. Also see the approved LCP amendments from the County of San Mateo, City of Trinidad and City of Pismo Beach ("Limits on Duration of Stay?" column).

The link to the Coastal Commission discussion of the LCP amendment proposed by Del Mar in 2017 (LCP-6-DMR-17- 008303) (https://documents.coastal.ca.gov/reports/2018/6/th14d/th14d-6-2018-report.pdf) includes an informative discussion from the Coastal Commission regarding limiting the total days of rental. Also note that Solana Beach was able to limit consecutive rental days to a minimum of 7 days per individual stay.

Other regulations various cities have successfully imposed can be gleaned from the table and provided links, including differential restrictions on STR of owner-occupied vs. non-owner-occupied dwelling units.

Thanks,
Michael Deftos
Torrey Pines Terrace
1 July 10, 2023 Item 09

Page 1 of 17 ends

May 20, 2019
Commission LCP Actions on Short-Term Rentals (through May 2019) The table below lists the LCP actions taken by the Commission on Short-Term Rentals (STRs) and identifies the general regulatory approach and key regulatory parameters of the Local Coastal Program Amendment (LCPA). This table is intended to provide some background information on STR ordinances that have been considered by the Commission and does not provide a comprehensive view of all of the regulatory parameters that may apply in each case. Please use the links to the related Commission staff report and local government ordinance, where available, for additional details.

Note that the checked categories reflect the LCPA as approved by the Commission, which includes any suggested modifications that may have been required.

LCPAs that were approved as submitted, or denied, are summarized as originally proposed by the local government. The actions in the table are listed by most recent action year. Time extensions for STR-related LCPAs are not included. See the table legend at the end of the table for an explanation of column categories.

Local
Government
LCP# and
Links
How LCPA
Addresses STRs?
In Which Types of
Zone(s)?
Eligible
Structures for
STR Use?
Ineligible
Structures
for STR Use?
Limits on
Duration of
Stay?
Occupancy
Limits? STR Caps? Other Operational Standards?
Commission Action
City of
Pacifica
LCP-2-PAC18-0075-2
Link to
Ordinance
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential*
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☐ Not Applicable
Silent on whether STRs
would be allowed in
approved SFRs or
multi-family residences
in other zones in
addition to residential
zones.
▪ SFRs
▪ Multi-Family
Residential Unit
Any location not
approved for use
as a permanent
dwelling unit
including:
▪ ADUs
▪ Vehicles
▪ Trailers
▪ Tents
▪ Storage Sheds
▪ Garages
▪ Maximum use of
30 consecutive
days per individual
stay
▪ Not Specified ☐ Cap on # of non-owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☐ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
12/12/2018
Owner-occupied:
☐ Allows
☐ Prohibits
☒ Not Applicable
The definition of STR
allows for rental of a
“portion” of a dwelling
unit; however, no specific
regulations are provided
for owner-occupied STRs.
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ☐ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
2018
2 July 10, 2023 Item 09

Page 2 of 17 ends

May 20, 2019
Local
Government
LCP# and
Links
How LCPA
Addresses STRs?
In Which Types of
Zone(s)?
Eligible
Structures for
STR Use?
Ineligible
Structures
for STR Use?
Limits on
Duration of
Stay?
Occupancy
Limits? STR Caps? Other Operational Standards?
Commission Action
County of
Ventura
LCP-4-VNT18-0058-1
Link to
Ordinance
Non-owner-occupied:
☒ Allows 
☒ Prohibits 
☒ Residential
☒ Rural / OS
☒ Agricultural
☒ Other
☒ Commercial
▪ SFRs ▪ ADUs
▪ Farmworker
Housing
▪ Affordable
Housing
▪ No more than 30
consecutive days
per individual stay
▪ Maximum of 10
overnight guests
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☒ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
10/10/2018 Owner-occupied:
☒ Allows 
☒ Prohibits 
☒ Residential
☒ Rural / OS
☒ Agricultural
☒ Other
☒ Commercial
▪ Individual
Bedrooms in
SFRs
▪ ADUs
▪ Farmworker
Housing
▪ Affordable
Housing
▪ No more than 30
consecutive days
per individual stay
▪ Maximum of 5
overnight guests
☐ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☒ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
City of
Pismo Beach
LCP-3-PSB18-0051-1
Link to
Ordinance
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☒ Rural / OS
☐ Agricultural
☐ Other
☐ Not Applicable
Ordinance does not
address whether STRs
are prohibited in other
zones
▪ SFRs
▪ ADUs
▪ Not Specified ▪ No more than 30
consecutive days
per individual stay
▪ No limit on
frequency of STR
rentals (as long as
the owner lives on
the property for
183 days or more
in a calendar year)
▪ Maximum overnight
occupancy of two
people per bedroom
plus two additional
people
▪ Number of visitors
shall not exceed
number equal to
allowable occupancy
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☐ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
8/10/2018
This LCPA is a second try
at regulating STRs under
the City’s LCP, as STRs
have not been explicitly
regulated but generally
allowed in the Downtown
Core and other
commercially-zoned areas.

The City was denied a 2011
LCPA to regulate STRs (see
below).

Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☒ Rural / OS
☐ Agricultural
☐ Other
☐ Not Applicable
Ordinance does not
address whether
homestays are
prohibited in other
zones
▪ SFRs (given
property owner
lives on-site or in
ADU)
▪ Individual
Bedrooms in
SFRs
▪ ADUs
▪ Not Specified ▪ None (given
property owner
lives on-site)
▪ Maximum overnight
occupancy of two
people per bedroom
plus two additional
people
▪ Number of visitors
shall not exceed
number equal to
allowable occupancy
☐ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
3 July 10, 2023 Item 09

Page 3 of 17 ends

Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☐ Rural / OS
☒ Agricultural
☐ Other
☐ Not Applicable
▪ Any legal
dwelling unit
where a
residential use is
allowed without
the requirement
for any other use
▪ ADUs
▪ Balconies,
porches, and
sheds
▪ Affordable
Housing
▪ Tents and
recreational
vehicles
▪ Maximum use of
30 days per
individual stay
▪ Maximum overnight
occupancy of three
people per hosted
bedroom (children
under eight are not
counted toward
maximum occupancy)
☒ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
City of Del
Mar
LCP-6-
DMR-17-
0083-3
Link to
Ordinance
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
▪ SFRs
▪ Multi-Family
Residential Unit
▪ Not Specified ▪ Minimum
Number of 3 days
required per
individual stay and
no more than 30
consecutive days
▪Total of 100 days
for maximum STR
use per calendar
year
▪ Maximum overnight
occupancy of two
people per bedroom
plus two additional
people
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☒ Parking Requirements
☐ Noise Restrictions
☒ Property Management
☐ Enforcement Program
☒ Payment of TOT
☐ Approved as
Submitted
☒ Approved with
Modifications
☐ Denied
Date:
6/7/2018
Approval included two
suggested modifications:
the first modified the City’s
proposal to require a 7-day
minimum stay for STRs and
homeshares to a 3-day
minimum to allow for
greater accessibility of
STRs given a lower length
of individual stay; the
second modified the City’s
proposed 28-day maximum
to a 100-day maximum
(through an amending
motion).

Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
▪ Individual
Bedrooms in
SFRs and MultiFamily
Residential Unit
▪ Not Specified ▪ Minimum
Number of 3 days
required per
individual stay and
no more than 30
consecutive days
▪Total of 100 days
for maximum STR
use
▪ Maximum overnight
occupancy of two
people per bedroom
plus two additional
people
☐ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
4 July 10, 2023 Item 09

Page 4 of 17 ends

Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☒ Rural / OS
☒ Agricultural
☐ Other
LCPA also allows for
owner-occupied STRs
(“Homestays”) in the
Miramar Beach
residential
neighborhood through
a STR Coastal Historic
Overlay.
▪ Homestays shall
only be allowed in
up to 3 bedrooms
of a legal dwelling
unit.
▪ Guest House,
artist studios,
cabanas and
other spaces for
temporary
occupation
▪ Affordable
Housing
▪ Farmworker
and Agricultural
Employee
housing
▪ Any structure
or space not for
legal dwelling
(tents, trailers,
yurts)
▪ No more than 30
consecutive days
per individual stay,
with owner or
long-term tenant
residing on the
premises
▪ Maximum overnight
occupancy of two
people per hosted
bedroom (minors not
counted toward
maximum occupancy)
plus two times the
number of occupants
☐ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☒ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
Property owners shall not
possess more than one
homestay permit at any
given time, regardless of
the number of properties a
property owner owns.
5 July 10, 2023 Item 09

Page 5 of 17 ends

May 20, 2019
Local
Government
LCP# and
Links
How LCPA
Addresses STRs?
In Which Types of
Zone(s)?
Eligible
Structures for
STR Use?
Ineligible
Structures
for STR Use?
Limits on
Duration of
Stay?
Occupancy
Limits? STR Caps? Other Operational Standards?
Commission Action
City of Santa
Cruz
LCP-3-STC17-0073-2-
Part B
Link to
Ordinance
Non-owner-occupied:
☐ Allows
☒ Prohibits
☐ Not Applicable
No NEW non-hosted
STRs allowed; only
existing, legal nonhosted STRs are
allowed.
☒ Residential
☒ Commercial
☒ Rural / OS
☒ Agricultural
☒ Other
☐ Not Applicable
▪ A building or
portion of a
building including
one or more
rooms which
is/are designed for
residential use by
a single family
▪ ADUs ▪ Maximum use of
30 days per
individual stay
▪ Maximum overnight
occupancy of two
people per bedroom,
plus two additional
persons
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☒ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
4/11/2018
Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ A building or
portion of a
building including
one or more
rooms which
is/are designed for
residential use by
a single family
▪ ADUs ▪ Maximum use of
30 days per
individual stay
▪ Maximum overnight
occupancy of two
people per bedroom,
plus two additional
persons
☒ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☒ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
City of
Laguna
Beach
LCP-5-LGB16-0055-1
Link to
Ordinance
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☐ Rural / OS
☐ Agricultural
☒ Other
▪ A room, or suite
of rooms with a
single kitchen
used for
residential use and
occupancy of one
family, including
an SFR,
apartment or other
leased premises,
residential
condominium, or
other residential
real estate
▪ Individual
guest rooms in a
hotel, motel or
similar transient
lodging
establishment
operated by an
innkeeper
▪ Maximum use of
30 consecutive
days or less per
individual stay
▪ Maximum overnight
occupancy of two
people per bedroom,
plus two daytime
visitors per bedroom
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☐ Approved as
Submitted
☒ Approved with
Modifications
☐ Denied
Date:
12/14/2017
Suggested modifications
eliminated the City’s
proposed ban on new STRs
in residential zones.

Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☐ Rural / OS
☐ Agricultural
☒ Other
▪ A room, or suite
of rooms with a
single kitchen
used for
residential use and
occupancy of one
family, including
an SFR,
apartment or other
leased premises,
residential
condominium, or
other residential
real estate
▪ Individual
guest rooms in a
hotel, motel or
similar transient
lodging
establishment
operated by an
innkeeper
▪ Maximum use of
30 consecutive
days or less per
individual stay
▪ Maximum overnight
occupancy of two
people per bedroom,
plus two daytime
visitors per bedroom
☐ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
2017
6 July 10, 2023 Item 09

Page 6 of 17 ends

May 20, 2019
Local
Government
LCP# and
Links
How LCPA
Addresses STRs?
In Which Types of
Zone(s)?
Eligible
Structures for
STR Use?
Ineligible
Structures
for STR Use?
Limits on
Duration of
Stay?
Occupancy
Limits? STR Caps? Other Operational Standards?
Commission Action
County of
San Mateo
LCP-2-SMC17-0051-2
Link to
Ordinance
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
▪ Single-family
residential
structures
▪ Multi-family
residential
structures
▪ Not specified ▪ Maximum use of
30 consecutive
days or less per
individual stay.
▪Total of 180 days
per calendar year
for use as an STR
▪ Maximum overnight
occupancy of two
people per bedroom,
plus two additional
persons (children
under twelve are not
counted toward
maximum occupancy)
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
12/13/2017
Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
▪ Single-family
residential
structures
▪ Multi-family
residential
structures
▪ Not specified ▪ Maximum use of
30 consecutive
days or less per
individual stay.
▪Total of 180 days
per calendar year
for use as an STR
▪ Maximum overnight
occupancy of two
people per bedroom,
plus two additional
persons (children
under twelve are not
counted toward
maximum occupancy)
☐ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
City of
Eureka
LCP-1-EUR16-0046-2
Link to
Ordinance
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☐ Rural / OS
☐ Agricultural
☒ Other
▪ Principal
dwelling units
(e.g., SFRs) or
legally established
secondary
dwelling units
▪ In residential
zones, no more
than 75% of the
total number of
dwelling units on
a property may be
permitted as
STRs, unless a
Unit Increase
Permit is obtained
▪ Not specified ▪ Maximum use of
30 consecutive
days or less per
individual stay
▪ Maximum overnight
occupancy of two
people per bedroom,
plus two additional
persons (children
under twelve are not
counted toward
maximum occupancy)
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☒ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
The total number of STRs
on a property maybe
allowed an increased with
the approval of a Vacation
Dwelling Unit – Unit
Increase Permit.
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☐ Approved as
Submitted
☒ Approved with
Modifications
☐ Denied
Date:
11/8/2017
Suggested modifications
addressed the potential for
adverse impacts to coastal
resources, including
clarifying that the Good
Guest Guides provided in
STRs promote the
availability of off-street
parking near the waterfront
to address public access
concerns. A second
suggested modification
added a provision to clarify
that any change to a STR use
that would result in a change
in the density or intensity of
use of land would require a
CDP.

Page 7 of 17 ends

Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☒ Rural / OS
☒ Agricultural
☒ Other
▪ Rental of up to
one bedroom in a
primary residence
with the
requirement that
the homeowner be
present on site
during nighttime
hours
▪ Not specified ▪ Up to 29
consecutive days
per year, but may
be rented for longer
given that rental is
not for more than
29 consecutive
days
▪ Maximum overnight
occupancy of two
people per bedroom,
plus two people
☐ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☒ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
County of
Mendocino
LCP-1-
MEN-14-
0840-1
Link to
Ordinance
Non-owner-occupied:
☒ Allows 
☒ Prohibits 
Prohibits new non-owneroccupied STRs in
residential zones
☒ Commercial
☒ Other
☒ Residential
▪ A dwelling unit
that is the only
use on the
property and
which may be
rented short term
for transient
occupancy
▪ Not specified ▪ Maximum use of
29 days or less per
individual stay
▪ Not specified ☒ Cap on # of non-owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
☒ Parking Requirements
☐ Noise Restrictions
☒ Property Management
☐ Enforcement Program
☒ Payment of TOT
☐ Approved as
Submitted
☒ Approved with
Modifications
☐ Denied
Date:
6/8/2017
Suggested modifications
clarified that a CDP is
required for the creation of
STRs.

Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☐ Rural / OS
☐ Agricultural
☒ Other
▪ An attached or
detached room or
structure which is
operated, in
conjunction with a
residential use or
commercial use,
as a short term
rental for transient
occupancy
▪ Not specified ▪ Not specified ▪ Not specified ☒ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
8 July 10, 2023 Item 09

Page 8 of 17 ends

Page 9 of 17 ends

May 20, 2019
Local
Government
LCP# and
Links
How LCPA
Addresses STRs?
In Which Types of
Zone(s)?
Eligible
Structures for
STR Use?
Ineligible
Structures
for STR Use?
Limits on
Duration of
Stay?
Occupancy
Limits? STR Caps? Other Operational Standards?
Commission Action
City of
Carpinteria LCP-4-CPN16-0024-1
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☒ Other
▪ Residential
Units means a
building or
portion thereof
designed for or
occupied in whole
or in part, as a
home, residency,
or sleeping place,
either
permanently or
temporarily, and
containing not
more than one
kitchen per
residential unit
▪ Tents
▪ Yurts
▪ RVs
▪ Hotel
▪ Boarding house
▪ Lodging house
▪ Motel
▪ Maximum use of
30 consecutive
days or less per
individual stay
▪ Maximum overnight
occupancy of two
people per unit, plus
two occupants per
bedroom
☒ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☐ Enforcement Program
☒ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
12/8/2016
Owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
▪ Rental of up to
four bedrooms in
a primary
residence with the
requirement that
the homeowner be
present on site
during nighttime
hours
▪ Tents
▪ Yurts
▪ RVs
▪ Maximum use of
30 consecutive
days or less per
individual stay
▪ Maximum overnight
occupancy of no more
than four home stay
guests per home stay
☐ Cap on # of owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
City of Dana
Point
LCP-5-DPTMAJ-14-
0105-1
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☒ Commercial
☐ Rural / OS
☐ Agricultural
☒ Other
Allowed in all zoning
districts where
residential uses are
allowed
▪ SFRs
▪ Condominiums
▪ Duplexes
▪ Triplexes
▪ Townhomes
▪ Multi-family
dwellings
▪ Not Specified ▪ At least two
consecutive nights,
but no more than
30 consecutive
calendar days per
individual stay
▪ Maximum overnight
occupancy of two
people per bedroom
plus two additional
people
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☐ Approved as
Submitted
☒ Approved with
Modifications
☐ Denied
Date:
4/14/2016
Suggested modifications
clarified that the STR
ordinance would apply to all
areas of the City, which is
governed by two separate LCP
documents, and that any
change to the STR ordinance
to limit or prohibit STRs
would require an LCPA,
whereas changes that do not
limit or prohibit STRs may not
require a LCPA.

Owner-occupied:
☐ Allows
☐ Prohibits
☒ Not Applicable
The definition of STR
allows for rental of a
“portion” of a dwelling
unit; however, no specific
regulations for owneroccupied STRs are
provided.
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ☐ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
10 July 10, 2023 Item 09

Page 10 of 17 ends

Owner-occupied:
☐ Allows
☐ Prohibits
☒ Not Applicable
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ☐ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
City of
Trinidad LCP-1-TRN14-0846-1
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☒ Other
▪ SFRs
▪ Multi-Family
Residences
▪ ADUs
▪ Not Specified ▪ No more than 30
consecutive
calendar days per
individual stay.
▪ Maximum overnight
occupancy of two
people per bedroom
plus two additional
people
▪ In Suburban
Residential Zone, up
to two additional
occupants allowed
based on size of
Vacation Dwelling
Unit
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☒ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
3/11/2015
See City’s 2017 LCPA
(above) for updated STR
ordinance, which deleted
this ordinance in its entirety
Owner-occupied:
☐ Allows
☐ Prohibits
☒ Not Applicable
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ☐ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
2015
11 July 10, 2023 Item 09

Page 11 of 17 ends

Owner-occupied:
☐ Allows
☐ Prohibits
☒ Not Applicable
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ☐ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
City of
Solana Beach
Solana Beach
Land Use
Plan
(No number
given)
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
▪ Any portion of a
building in a
residential district,
regardless of
building size,
including:
▪ Multi-family
buildings
▪ Duplexes
▪ SFRs
▪ Not Specified ▪ 7 to 30
consecutive days
per individual stay
▪ Not Specified ☐ Cap on # of non-owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☐ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☐ Payment of TOT
☐ Approved as
Submitted
☒ Approved with
Modifications
☐ Denied
Date:
3/7/2012
The Commission’s approval
allowed the City to keep the
proposed 7-day minimum of
consecutive days (despite
Staff’s recommendation to
reduce it to 1-day), as well
as to keep their proposal to
prohibit STRs of less than 7
days in all residential zones
(instead of Staff’s
recommendation to remove
this provision).

Page 12 of 17 ends

15.04.010 of this
code, which
exists, is
constructed, or
which is
maintained or
used upon any
premises for the
purpose of
transient lodging,
which consists of
four or fewer
separate transient
rental units”)
▪ Unclear ▪ Not Specified ▪ Not Specified ☐ Cap on # of non-owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☐ Parking Requirements
☐ Noise Restrictions
☐ Property Management
☐ Enforcement Program
☐ Payment of TOT
The operational provisions
were unclear. This
ordinance was denied by
the Commission – see
City’s 2018 LCP (above)
for approved STR
ordinance and operational
provisions.
☐ Approved as
Submitted
☐ Approved with
Modifications
☒ Denied
Date:
12/8/2011
This LCPA was denied for
being overly restrictive by
prohibiting STR use in all
residential areas, which
make up a large portion of
the City’s coastal zone, as
prohibiting STR use in
these areas would limit the
availability of alternative
coastal lodging near the
shoreline. See City’s 2018
LCPA (above) for approved
STR ordinance.

Owner-occupied:
☐ Allows
☐ Prohibits
☒ Not Applicable
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ☐ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
County of
Santa Cruz
SCO-1-11
Part 3
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☒ Rural / OS
☒ Agricultural
☒ Other
Allowed in all zones
that allow residential
uses
▪ SFRs
▪ Duplexes
▪ Triplexes
▪ Condominium
▪ Townhouse Unit
▪ Apartments or
manufactured
homes in a
mobile home
park
▪ Not more than 30
days per individual
stay
▪ Maximum overnight
occupancy of two
people per bedroom
plus two additional
people
(children under twelve
are not counted toward
maximum occupancy)
☒ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☐ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
7/12/2011
This is the first of the
County’s four LCPAs that
were approved by the
Commission. This LCPA
defines STRs and regulates
them as PPUs in residential
areas. See County’s 2015,
2016, and 2018 LCPAs
(above).

Page 13 of 17 ends

Suggested modification
created a STR Overlay Zone
where new STRs would be
allowed within all residential
zones west of Highway 101,
which is the high-intensity
coastal visitor-serving area,
while east of Highway 101
all STRs except legal
nonconforming STRs would
be prohibited.

Owner-occupied:
☐ Allows
☐ Prohibits
☒ Not Applicable
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ☐ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
County of
Humboldt
No. HUMMAJ-1-98-C
Non-owner-occupied:
☒ Allows
Within Shelter Cove
community only
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
▪ SFRs
▪ Duplexes
▪ Hotels and
Motels
▪ Rooming and
boarding houses
▪ Not Specified ▪ Number of occupants
shall not exceed 10
persons
☐ Cap on # of non-owneroccupied STRs allowed
within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☒ Parking Requirements
☐ Noise Restrictions
☒ Property Management
☐ Enforcement Program
☒ Payment of TOT
☐ Approved as
Submitted
☒ Approved with
Modifications
☐ Denied
Date:
9/14/2005
Suggested modification
required that STR use would
be principally permitted only
upon issuance of a Special
Permit subject to compliance
with certain performance
standards set forth in the IP,
including requiring the STR
owners/ operators to provide
evidence that adequate water
and sewer service capacity
exists to accommodate the
STR use.

Page 14 of 17 ends

In the
Commercial (C-1,
C-2) zoning
districts:
▪ Residential
dwelling units
above the first
floor
In the Mixed Use
Overlay (MU-2)
zoning district:
▪ Residential
dwelling units at a
ratio of 1 unit for
every 1500 sq. ft.
of lot area
In the High
Density
Residential zone
until 2007:
▪ SFRs
▪ Duplexes,
apartments,
condominiums,
townhomes
▪ Not Specified ▪ Less than 30
consecutive
calendar days per
individual stay
▪ Not Specified ☐ Cap on # of non-owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☒ Parking Requirements
☒ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☒ Approved as
Submitted
☐ Approved with
Modifications
☐ Denied
Date:
4/19/2004
This LCPA is an update to
the City’s 2002 LCPA (see
below) that was denied by
the Commission for being
excessively restrictive and
discouraging towards
tourist –related uses and
visitor accommodations.

Page 15 of 17 ends

Suggested modifications
addressed adverse impacts
on public parking, coastal
water supplies and
community character by:
limiting the allowable
density of STRs by
prohibiting their
establishment within 500 ft.
of a parcel being used for
the same purpose;
requiring on-site parking
for all STR tenants;
clarifying that construction
of residential structures for
STR use must comply with
LCP standards applicable
to construction of a
residence; and requiring
evidence that water and
sewer services can
accommodate the STR use.

Page 16 of 17 ends

See City’s 2004 LCPA
(above) for resubmitted and
approved STR ordinance.

Owner-occupied:
☐ Allows
☐ Prohibits
☒ Not Applicable
☐ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
☒ Not Applicable
▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ▪ Not Applicable ☐ Cap on # of owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
City of
Capitola
CAP-MAJ-2-
92 (No Link
Available)
Non-owner-occupied:
☒ Allows
☐ Prohibits
☐ Not Applicable
☒ Residential
☐ Commercial
☐ Rural / OS
☐ Agricultural
☐ Other
Transient rental use
allowed in Transient
Rental Use Overlay
District only
Transient rental
use allowed in
Transient Rental
Use Overlay
District, which
includes R-1 or RM districts, which
comprise of:
▪ SFRs
▪ Multi-family
Dwellings
▪ ADUs ▪ Less than 30
consecutive
calendar days per
individual stay
▪ Not Specified ☐ Cap on # of non-owneroccupied STRs allowed within Local Jurisdiction
☐ Cap on # of non-owneroccupied STRs allowed by
Permittee / Parcel
☒ Not Applicable / None
☒ Parking Requirements
☐ Noise Restrictions
☒ Property Management
☒ Enforcement Program
☒ Payment of TOT
☐ Approved as
Submitted
☒ Approved with
Modifications
☐ Denied
Date:
12/10/1992
Suggested modifications did
not pertain to the STR
provisions of the LCPA, so
the STR provisions were
approved as submitted.

Page 17 of 17 ends

May 20, 2019

TABLE LEGEND
 Local Government: The City or County undertaking the LCP action before the Commission.  LCP # and Links: The LCP Amendment (LCPA) number and link to the Commission staff report. Where Link to Ordinance is available, the link takes you directly to the separate, Commission staff report exhibit containing the proposed ordinance.
 How LCPA Addresses STRs: Whether the LCPA allows or prohibits non-owner-occupied short-term rentals (e.g., rental of entire residence, where owner is not present on-site) and/or owner-occupied short-term rentals (e.g., home stays and home shares, where owner is present on-site). Note that the checked categories reflect the LCPA as approved by the Commission (e.g., an LCPA that proposes complete prohibition but is modified by the Commission to partial allowance would show allows STRs). Where Not Applicable is checked for either non-owner-occupied or owner-occupied STRs, the LCPA either clearly distinguished which STR type(s) (owner-occupied and/or non-owner-occupied) was being regulated, or remained silent on one of the STR types being regulated. (For example, the ordinance may have clearly regulated rental of an entire residence as an STR, which is non-owner-occupied, but then did not clearly address other rental aspects such as partial rental of a residence, owner-occupied rental of a residence, etc.)  In Which Types of Zone(s): The relevant category in which the allowance or prohibition of STRs applies. Note that these categories are broad and may reflect allowance or prohibition in only a portion of the checked category (e.g., only in the coastal zone of a particular zone, in certain residential zones but not others, etc.,).  Eligible Structures for STR Use: The structures where STRs are allowed, if specified in the LCPA.  Ineligible Structures for STR Use: The structures where STRs are prohibited, if specified in the LCPA.  Limits on Duration of Stay: The restrictions on durations of individual stays and/or total stays per year, if specified in the LCPA.  Occupancy Limits: The restrictions on occupancy for individual stays, if specified in the LCPA.  STR Caps: Whether the LCPA includes a cap on the number of STRs allowed, including by Local Jurisdiction (e.g., a cap on the total number of STRs allowed within the local government’s jurisdiction) and by Permittee or Parcel (e.g., a cap on the total number of STRs allowed per person legally operating the STR, or by parcel).  Other Operational Standards: Additional operational standards that were included in the adopted LCPA, including:
o Parking Requirements: Does the LCPA include any parking standards specific to STRs? o Noise Restrictions: Does the LCPA include any noise restrictions specific to STRs? o Property Management: Does the LCPA include requirements for property management, such as the presence of on-site or proximate management, a complaint response program, providing a good neighbor policy and/or list of rules for renters, notifying nearby neighbors of STR use, etc.? o Enforcement Program: Does the LCPA include provisions for reporting complaints to the local government, or for violations to lead to penalizations, such as loss of permit for STR operation? o Payment of TOT: Does the LCPA require payment of transient occupancy taxes as part of the permitting or renting process?  Commission Action: Results of the Commission action on the proposed LCPA.

Acronyms
 ADU = Accessory Dwelling Unit
 OS = Open Space
 SFR = Single-Family Residence
 STR = Short-Term Rental
18 July 10, 2023 Item 09
Thoughts on Short Term Rentals (STRs) in Del Mar
Public comments submitted by resident Steve Quirk, 23rd St

1. With the rise of popular rental services like AirBnB and VRBo, short term rentals (STRs) have become a controversial issue in Del Mar.

2. In an effort to help Del Mar come up with a more sustainable approach to STRs, I’ve researched the STR policies of many similar coastal cities and talked with numerous residents on both the “Pro” and “Con” side of the STR debate.

3. The following report is not exhaustive and is meant to help inform a community wide conversation on STR regulation.
1 July 10, 2023 Item 09
Contents

1. Suggested goals for STR regulation

2. Recent History of STRs in Del Mar

3. California Coastal Commission (CCC) Role in STRs

4. Map of “43 Qualified/Grandfathered” STRs in Del Mar from 2016

5. Map of ~175 actual STRs in Del Mar Dec 2022 (Source: Granicus)

6. New Compliance Services/Software Will Help

7. Comparison Table of STR Regulations in Peer Coastal Cities

8. Suggestion: Create a Citizen Task Force on STR Regulations 2 July 10, 2023 Item 09
Suggested Goals for STR Regulations

1. Preserve primarily residential character of Del Mar that limits unchecked expansion of STRs.

2. Create thoughtful STR regulations:
i. Respects neighbors and the community
ii. Approved by CA Coastal Commission

1. Recognizes historical operation of STRs in Del Mar
iii. Leverages experience of other coastal cities
iv. Collects Transient Occupancy Tax (TOT) to fund STR regs. v. Provides compliance, monitoring & enforcement structure vi. Distinguishes between 3 different types of STRs:

1. Primary residence part time (i.e. ~30-60 days annually)

2. Primary residence homeshare

3. Non-primary residence full-time STR
3 July 10, 2023 Item 09
Recent History of STRs in Del Mar

1. STR/Cottage Tax (TOT) fails to pass in 2010 (No TOTs collected)

2. 4/6/2016: Moratorium established on any more STRs

3. 11/6/2017: Enactment of “7/28” STR rule which banned expansion of additional full time STRs but allows for a “grace period” for qualified existing fulltime STRs a. STRs are “qualified” if they can document evidence of STR operation before 2016 rule change to “7/28”; 41 STRs are officially registered b. “7/28 Rule”: Anyone is allowed to rent out their primary residence for a maximum if 28 days per year with minimum guest stay of 7 days. c. Grace period lasts until legal resolution

4. 6/7/18: CCC “accepts” DM’s policy with modifications (i.e. it’s overly restrictive)

5. 7/16/18: Del Mar seeks “writ of mandate” on land use zoning

6. 12/24/2019: Court initially rejects some of City of Del Mar’s regulations (???)

7. Present (Jan 23, 2023): Lawsuits still ongoing. . .
4 July 10, 2023 Item 09
California Coastal Commission Role in STRs

1. Surprising to many residents, the CA Coastal Commission (CCC) has some authority over STR policy in coastal zone (all Del Mar is in coastal zone) a. Sanctioned by the CCC’s legal mandate to ensure affordable access by visitors to the coast

2. CCC has overturned outright STR bans in Manhattan Beach and Santa Barbara. These rulings by CCC have been backed by appellate court rulings a. https://www.jdsupra.com/legalnews/california-coastal-act-trumps-local-9320233/ b. https://calcoastnews.com/2021/05/santa-barbaras-vacation-rental-ban-deemed-illegal/

3. Del Mar’s “7/28” policy needs to be amended to reflect closer historical usage in Del Mar (i.e. Short term rentals have operated for decades in Del Mar. Initial court rulings have ruled against Del Mar’s “7/28” policy.) 5 July 10, 2023 Item 09
● STRs heavily focused near beach/bluff
“43 Qualified” STRs currently operating in Del Mar
6 July 10, 2023 Item 09

1. ~175 unique listings as of
Dec 2022
a. Preliminary estimate
b. Granicus is a major
municipal software/
service vendor

2. Listings from all major STR
platforms (AirBnB, VRBO
etc)

3. Includes both apartments
and single family homes
Granicus Estimate of Actual STRs Operating in Del Mar
7 July 10, 2023 Item 09
New STR compliance
solutions/vendors give cities
the data and tools to
effectively manage STRs:

1. Identify operators

2. “24/7” citizen hotlines

3. TOT collection
New Compliance Services Can Help Cities Regulate STRs
8 July 10, 2023 Item 09
STR Regulations in Peer CA Coastal Cities
Most consistent regs: 1) Yes on collecting TOT 2) Registration Fee 3) No annual rental day limits 9 July 10, 2023 Item 09
Suggestion: Create a Citizen Task Force on STR Regs

1. Many cities have successfully used citizen committees to build consensus on STR regulations:
a. Identify goals (must pass CCC)
b. Identify major challenges
c. Given the 2010 vote on TOT for STRs/Cottages, does Del Mar have to determine whether or not a citywide vote is needed to establish TOT on STRs? It appears that other cities have not required a ballot measure to collect TOT on STRs.
d. Leverage experience of other cities, especially San Diego and Encinitas which have developed thoughtful and well documented regulations

2. Alternatively, Del Mar could host a series of town halls to educate and gather citizen input.
10 July 10, 2023 Item 09
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: Short term rental issues
From: Robin Crabtree <[email protected]>
Date: July 11, 2023 at 7:59:56 AM PDT
To: Ashley Jones <[email protected]>
Subject: Short term rental issues
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Short term rental issues
First ask for June and July STR rental numbers and compare January to April numbers. It will be far more accurate
Please figure out how to keep the residents out of policing their STRs neighbors! Suggestions:

Application fee…$70.00 ( city of San Diego)?
License fee…$1000 ( city of San Diego)?
Permit to operate. .? Annual fee? Or just license fee annually Home standards and safety checked by fire department. ( some Strs put beds in converted garages etc)
Owner pays for fire department review..comply with all California fire code regulations TOT…..13%? Method of data collection and quarterly filing ( city of San Diego) Maintaining records of Strs with exact dates,number of nights and gross receipts. City of San diego asks records to be maintained for four years
License a minimum of 90 days each year
House occupancy…..people per legitimate bedrooms……2 people per bedroom plus one On-site parking and allowable cars
Good neighbor policy… noise, lights, outside music or TVs, trash, parking, number of people allowed,
One permit per owner just like city of San Diego…owners name is posted on outside of house with phone number….responsible for complaints…property managers can manage property. ( keeps big business out of this)
Post to include TOT cert and license number on outside of home along with owner name and phone number for complaint calls…..TOT cert and license number to be on all STR advertising posts
No advertising on property …like city of San diego
Set amount of STRs permitted per year…lottery? Spread throughout Del Mar Set percentages ie beach, hill, bluff
Minimum nights per rental…right now 7 days
1 July 10, 2023 Item 09
2 Standards for complaint response, how long max time to respond, how to register complaint with city of Del Mar, fines that mean something and enforced significantly When does permit get taken away?
Who is handling the complaints and enforcing fines or any other actions Not allow the home to be a public nuisance
Sent from my iPhone
2 July 10, 2023 Item 09
1 Melinda Gould
From: City Clerk Mail Box
Subject: FW: Str
From: Robin Crabtree <[email protected]>
Date: July 11, 2023 at 8:19:17 AM PDT
To: Tracy Martinez RN <[email protected]>, "Terry TG. Gaasterland" <[email protected]>, Dan Quirk <[email protected]>, David Druker-Private <[email protected]>, Dwight Worden-Private <[email protected]>, Ashley Jones <[email protected]> Subject: Str
CAUTION: This email originated from outside of the organization. Do not click links or open attachments unless you recognize the sender and know the content is safe.

Good morning. One other issue that needs to also be addressed is limiting the number of strs location on one street or a number of them next door to each other or behind each other. I’m not sure if you limit the number per block? Or must be 500 ft from one rental to another? I think San Diego did address this issue as well but the beach colony especially east of 101 are on top of each other on some streets really affecting the quality of life of residents.

Thank you
Robin Crabtree
Sent from my iPhone
3 July 10, 2023 Item 09

Del Mar City CouncilJuly 10, 2023

Del Mar City Council
July 10, 2023