City of Pismo Beach
City Clerk's Office
July 29, 2022
AUG 01 1011
RE: City Council June 21, 2022 Agenda Item 12.A Received Dear City Councilmembers,
I/We would like to address concerns our community is having with the short term vacation rental (STVR) located on 119 Karen Way in Pismo Beach, and the growing worries many neighbors have in general regarding STVR properties along with nuisance of overflowing trash, golf balls in neighbors yards, and guests playing/stepping in other neighbors front yards.. Our community members living within Toucan Terrace and neighbors on Karen Way would like to request that the permit for the STVR located at 119 Karen Way be revoked and a moratorium for new STVR be extended. Here are several issues that we have encountered:
-Neighbors were not notified that the owners of 119 Karen Way wanted to obtain a permit for a STVR. Many members of our neighborhood were confused, as no one was notified by the owner, which is in direct violation of the Pismo Beach STVR Ordinance, section
17.09.040 Application and permit requirements:
As part of the licensing process, property owners within three hundred feet of the subject licensed property shall be notified about the intent to operate said property as an STR or homestay and shall be provided contact information for the property owner and responsible party. "
-The owners of the property located at 119 Karen Way have not resided at their home for the required 180 days.
17.09.060: Primary residence requirement: STRs and homestays shall be permitted only at single-family properties that are the primary residence of the property owner. For purposes of short-term rental or homestay licensing, a property owner shall only have one primary residence at any time. Legally permitted accessory dwelling units occupied by the property owner may be deemed to be the property owner's primary residence. The property owner shall be required to provide proof of primary residence on a yearly basis. The property owner(s) shall be required to be individual owner(s) or trustee(s), and not a corporation, limited liability company, partnership, or other business or commercial entity. (Ord. 0-2018-007 § 1 "Primary residence" shall mean the dwelling owned and occupied as the property owner's principal place of residence, where the owner lives more than fifty percent of the year (26 C.F.R. §
1.121-1(b)(2)), defined herein as one hundred eighty-three days or more per year.
For purposes of short-term rental or homestay licensing, a person can only have one primary residence at anytime. (part), 2018)
-On multiple occasions, STVR renters at 119 Karen Way have parked on street or in parking areas for residents only, which is in violation of Toucan Terrace HOAs. This also includes parking RV/trailer in driveway. Cited from Permit application: "Parking - Parking shall be provided in a garage or on a driveway. STR occupants shall use the off-street parking that is provided for the rental."
-On multiple occasions, a neighbor has contacted the city to report a nuisance/activity of -golf-balls-being-hitinto-their-backyard,-as-well-as-excessive/over-flowing-trash-cans-which — leads to litter. Cited from Permit application: Trash - Trash shall not be stored within public view, except in proper containers for purposes of collecton. There shall be no accumulation of storage of trash and/or debris on the site or within the STR/Homestay.
-On multiple occasions, renters at 119 Karen Way create unsafe street areas (where many kids play) by driving in excess of 15 miles perhour (the posted speed forToucan Terrace Neighborhood. Cited from Permit application: Traffic - Vehicles used and traffic generated by the STR,or homestay shall not exceed normal residential levels or unreasonably interfere with the quiet use and enjoyment of any other residences or businesses in the area.
The city staff need further guidance and instruction on how they are approving permits and also how they are handling complaints and violations, as well as how they are policing so called "owner occupied" STVR dwellings. This comprehensive administrative review should include a review of the permits already granted. I/We request Council to re-examine ---the-C-ity's-STR regulations -as -presently -codified -and determine whether -they -are -effectively- - serving the interests of Pismo Beach residents and property owners.
We wish to keep our neighborhoods what they are, for neighbors, not tourists and transient housing. We would appreciate your response in writing.
' cerely