12.E Report STR Ordinance Update Direction 2023-07-18 — Pismo Beach City Council, July 18, 2023

PISMO BEACH CITY COUNCIL STAFF REPORT
Agenda Item #12.E

SUBJECT/TITLE:

DIRECTION ON SHORT-TERM RENTAL ORDINANCE UPDATE

RECOMMENDATION:

Provide direction to staff regarding desired modifications to the City’s short-term rental regulations.

BACKGROUND:

On May 2, 2023, the City Council considered an Ordinance amending Title 5 of the Pismo Beach Municipal Code relating to administrative regulations of short-term rentals (STRs) (staff report provided as Attachment 1). Included in the draft Ordinance were new and clarified requirements for property ownership for two years prior to being eligible for an STR license, annual license expirations and renewal requirements, Homeowner Association authorization requirements, codification of Good Neighbor Policy regulations, and provisions that addressed corporate managed/operated fractional ownership units.

At that time, the City Council did not introduce the draft Ordinance and instead directed staff to conduct further research regarding four aspects of the STR regulations (minutes provided as Attachment 2). Following that direction, the City Council on June 6, 2023, adopted an Urgency Ordinance extending the existing moratorium on the issuance of new STR licenses through June 20, 2024, to allow time for the development of additional regulations of STRs.

The items below are structured to identify the item directed by Council to be researched, discuss options staff can pursue to address Council direction, and evaluate the potential for the regulation to obtain certification by the Coastal Commission. It is important to note that due to the need for Council direction on each of these items, staff has not had discussions with Coastal Commission staff regarding the potential regulations but is basing the potential for certification on previous conversations and review of other coastal cities’ regulations to better understand Coastal Commission trends. It is also important to note that additional discussion by Council on topics relating to STRs, such as enforcement, is welcomed and is not limited to the items included below.

Numerical Cap/Proximity-Based Limitation
The first item that the Council directed staff to research is a limit to the number of STRs allowed to be licensed within the city. During the May 2, 2023 meeting, the Council discussed a desire for either a flat numerical cap on STR licenses, a cap by street, a cap by neighborhood, or a proximity-based limitation. Pismo Beach currently has 28 licensed STRs throughout the city, with the majority concentrated in Shell Beach. However, staff has received several inquiries regarding the issuance of new STR licenses since the initial moratorium was implemented, which indicates that there remains interest by property owners desiring to obtain an STR license. Should the Council desire a numerical cap, staff recommends pursuing either a flat numerical cap or a proximity-based limitation.

Street and neighborhood-based limitations are not recommended as staff anticipates

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street-based limitations to be viewed as arbitrary by the Coastal Commission, while the definition of “neighborhood” may vary by person. However, should the Council desire either a street-based or neighborhood-based limitation, staff will conduct additional research and analysis.

A numerical cap on STR licenses would help to address the overall impact of STRs on the city but may not address the concentration of STRs in a particular area of town.

Additionally, should the Council desire a numerical cap, staff would recommend it be set as a percentage of the City’s overall housing inventory to be a more defensible regulation for certification. The 6th Cycle Housing Element (2020) identifies that Pismo Beach has approximately 5,800 housing units. Accordingly, staff would recommend a numerical cap of either 1% or 0.5% of the housing stock, which would limit the total number of STR licenses to approximately 60 or 30 STR licenses, respectively. Communication of this numerical cap to the public would be accomplished via the City’s STR webpage, where licensed STRs are listed. Under this cap, staff would maintain an interest list for new licenses should they become available, which is a strategy employed by other cities with numerical caps.

Alternatively, the Council could consider a proximity-based limitation that would prohibit new STR licenses being issued within an identified distance of an existing licensed STR.

These limitations would help to ensure a concentration of STRs does not occur and could be set at a Council-defined distance to ensure different neighborhoods are less impacted by the adverse effects of STRs. If desired, staff would recommend either a 300- or 500- foot limitation. It should be noted that the larger the radius, the higher the impact on areas such as the Shell Beach Village, as streets and lots are generally smaller, and a greater number of streets are included at 500 feet. Additionally, several STRs are currently located within 300 feet of each other, while even more are located within 500 feet of another STR. A proximity-based limitation would not impact currently licensed STRs because there is no annual license renewal requirement under the City’s current regulations. However, should the City Council elect to impose an annual license renewal and a proximity-based limitation, currently permitted STRs would need to comply with any proximity-based limitation upon license renewal, which could result in some current STRs not being eligible for renewal based on proximity to another STR.

Either a numerical cap or a proximity-based limitation would require qualitative data to support the certification by the Coastal Commission. Based on the current housing crisis, staff anticipates a numerical cap established as a percent of housing units to be agreeable and would additionally need to be supported by data on existing accommodations within the city, including hotels, RV spaces, and tent camping facilities. Proximity-based limitations could be supported because of impacts to coastal resources, including parking, due to increasing legislation that reduces onsite parking requirements for certain housing projects, although this may not gain as much support from Coastal staff.

Adjacent Property Notification
Another item the City Council directed staff to research is the notification of adjacent properties prior to the approval of an STR license. To date, the Coastal Commission has

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been more supportive of regulations that make STR licensing processes ministerial rather than discretionary. However, in response to this direction by the City Council, staff would propose including modifications to the current STR regulations that would mirror the notification requirements for administrative land use permits. Pismo Beach Municipal Code Subsection 17.124.090.C. outlines the notice procedures for non-appealable developments when no public hearing is required, and requires a notice of pending development approval to be mailed to all property owners and residents within 300 feet of the development. This allows the public to discuss the project with City staff and raise concerns related to the proposed development that might not have been considered.

Adapting these noticing requirements to STRs would allow neighbors to be aware of an impending STR license approval and provide an opportunity for the neighborhood to provide testimony on factors in the approval of STR licenses, including whether or not the STR is a primary residence.

While Coastal Commission staff have previously not supported advanced notification of STR license approval due to the potential to create a de facto prohibition based on community feedback, they have been supportive of the City’s attempts to close loopholes in the STR regulations. Successful Coastal Commission certification of a notification regulation would likely hinge on the regulation being utilized to ensure the ministerial requirements of the STR license are accurate prior to approval, rather than a means of precluding STRs without an actual prohibition.

Prohibition Outside of Coastal Zone
One idea for increased regulation of STRs in the City is the prohibition of these rentals throughout the City, which the Council directed staff to research. In the past, an STR prohibition in the Coastal Zone was viewed as not being possible to receive Coastal Commission certification, as STRs are seen as a type of overnight accommodation, sometimes even an affordable accommodation, for visitors to the coast. Accordingly, the Council expressed interest in a prohibition outside of the Coastal Zone, with the potential to “grandfather” existing licenses. During the May 2, 2023 Council meeting, the issue of grandfathering was raised due to the proposal for an annual renewal requirement of the STR licenses. A requirement for STR licenses to be renewed annually would preclude the ability to grandfather existing licenses as each year the existing license would expire, and a new license would be prohibited from being issued. Accordingly, should the Council desire to prohibit STRs outside the Coastal Zone, staff would need direction as to whether the Council desires to grandfather existing licenses, which would very likely necessitate the removal of an annual license renewal requirement from proposed regulations.

However, should the Council prefer an annual license renewal and a prohibition outside the Coastal Zone, staff would work to alert existing licensed STRs as to the future expiration of the license.

Over the last year, several individuals have provided comment that the City should prohibit STRs within the Coastal Zone or prohibit “non-hosted” STRs within the Coastal Zone, with the latter only allowing STR operation while the owner is on site. Two cities, Santa Monica and Malibu, have frequently been cited as having proposed similar regulations. Staff has reviewed the history of these two cities and notes that Santa

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Monica’s requirement of an onsite host within the rented dwelling unit is in a non-land use section of their Municipal Code. Additionally, Coastal staff notes that they have not received any coastal development permit application nor any LCP amendment for regulating STRs in Santa Monica, and therefore are evaluating potential enforcement actions. Therefore, those regulations should not be considered an example of regulations that the Coastal Commission would allow. The City of Malibu attempted to utilize the Santa Monica example as a component of its strict regulation of STRs; however, Malibu’s LCP amendment was denied in August 2022 due in part to the lack of overnight accommodations in Malibu.

A concern staff previously expressed regarding the prohibition of STRs outside the Coastal Zone was that this could lead to confusion by property owners because of the separate coastal and non-coastal zoning codes. This is an issue frequently encountered by staff and property owners with other regulations. To address the potential for confusion, the Council could consider directing staff to proceed with prohibiting STRs throughout the city. Considering the Malibu denial, staff anticipates pursuing a city-wide prohibition would require a discussion with Coastal Commission staff about the City’s existing overnight accommodations, including over 2,100 hotel rooms, nearly 600 RV spaces, and almost 100 camping spaces (Attachment 3), as well as the allowance of Vacation Rentals in the downtown area and that therefore STRs are not necessary to provide overnight accommodation to visitors. There is a risk that a prohibition may not be certified by the Coastal Commission, as a City prohibition was previously denied by the Coastal Commission in 2011. However, it is an option for the Council to consider.

Coordination with Airbnb
The final item the City Council directed was for staff to investigate an arrangement with Airbnb and other similar platforms for the sharing of booking data in furtherance of ordinance enforcement. Since the May 2, 2023 Council meeting, staff has corresponded with staff from the City of San Luis Obispo, which has an existing agreement with Airbnb.

Through that correspondence, staff learned that Airbnb does not share booking data of individual listings; rather, Airbnb simply remits transient occupancy tax (TOT) in an anonymized manner. Additionally, City staff previously attempted to establish an agreement with Airbnb, but the attempt was abandoned due to the significant staff time necessary to establish the agreement, the limited data received, the remittance of TOT quarterly rather than in accordance with the City’s monthly requirements, and because Airbnb is one of dozens of online platforms hosting rental listings. At this time, staff does not recommend pursuit of a formal arrangement with Airbnb.

However, staff has been in discussions with Airbnb staff regarding opportunities to address the enforcement of the City’s regulations. These discussions have revealed that Airbnb is willing to work with the City on tools to enforce the City’s rules, including a Notice and Takedown process where staff can flag noncompliant listings for removal, Host Communications where the City’s rules are communicated to operators by Airbnb, and enabling a permit field that requires a license number for listings requiring a license.

Depending on Council interest, staff will continue to work with Airbnb regarding these and other enforcement tools.

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While the recent progress with Airbnb is encouraging, staff believes there are still limitations to the data and information that will be provided by this and other entities, as well as limitations as to what local governments can do while still providing due process.

Additionally, Airbnb continues to be a single entity and while it appears to be the most popular, STR operators do utilize other services to advertise and manage their rentals.

Additional research will be necessary to determine arrangements cities have with other online platforms to help enforce local regulations should the City Council desire this effort.

Conclusion and Recommendation
The regulation of STRs remains an important item for the City. Staff recommends the City Council provide direction on additional regulations desired to address STRs in Pismo Beach.

FISCAL IMPACT:

There is no immediate fiscal impact associated with Council providing direction to staff on this item. However, depending on the direction received, impacts to TOT received from STRs could be impacted.

ALTERNATIVES:

1. Direct staff to make no changes to the STR regulations.

2. Provide alternate direction to staff.

ATTACHMENTS:

1. May 2, 2023 Staff Report

2. May 2, 2023 Minutes

3. Maps of Overnight Accommodations
Meeting Date: July 18, 2023 Submitted by:

Matthew Downing, Community Development Director
Interim City Manager Approval:

12.E-5Council Agenda 7-18-2023

PISMO BEACH COUNCIL AGENDA REPORT
Agenda Item #12.A
SUBJECT/TITLE:

INTRODUCTION (FIRST READING) OF AN ORDINANCE MODIFYING CHAPTER 5.22 OF TITLE 5 OF THE PISMO BEACH MUNICIPAL CODE REGARDING SHORT-TERM

RENTALS
RECOMMENDATION:

Introduce an Ordinance amending Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code relating to administrative regulations of short-term rentals and homestays.

BACKGROUND:

On June 21, 2022, the City Council adopted Urgency Ordinance O-2022-005 imposing a moratorium on the issuance of short-term rental (STR) licenses to allow time for the development of regulations to address neighborhood complaints resulting from the operation of STRs in Pismo Beach. On August 2, 2022, the City Council adopted Urgency Ordinance O-2022-007, extending the moratorium until June 20, 2023 in accordance with Government Code provisions relating to urgency land use ordinances. The City’s existing STR regulations were industry leading for coastal cities at the time of adoption in 2018.

Since that time, the STR environment has evolved, consistent neighborhood complaints have been voiced, and loopholes in the regulations have been identified that necessitate revisions to the regulations. The proposed Ordinance (Attachment 1), which addresses the administrative portion of the STR regulations contained in Municipal Code Title 5, is a component of addressing the concerns expressed by the City Council and the Pismo Beach community.

In addition, it is anticipated that the City Council will consider revisions to Municipal Code Title 17 (1983 and 1998 Zoning Codes) at its May 16, 2023 meeting, following the Planning Commission’s review on April 25, 2023, at which time the Commission recommended adoption of the ordinances as presented.

Consistent with the STR ordinance development process previously employed, the City Manager formed a task force to review STR impacts and provide recommendations and feedback for revisions to the regulations. The Advisory Task Force was chaired by the City Manager and Community Development Director and comprised an array of stakeholders, including residents operating permitted STRs, residents concerned with the current regulations and negative impacts of STRs, representatives from the hotel industry, and two Council Members. The Advisory Task Force met four times, and while individual members of the task force had some varying perspectives, the task force was generally supportive of the recommended revisions to the STR regulations.

Ownership Requirements
One of the hallmarks of the City’s STR regulations is the requirement that the structure be the primary residence of the operator. This means a dwelling where the owner lives more than fifty percent of the year. The intent of this regulation was to preclude investment Council Agenda 5-2-2023 12.A-1
May 2, 2023 Staff Report
Attachment 1

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groups and speculators from purchasing residential properties for the sole purpose of operating as an STR. Since the STR regulations were implemented, the City has received input that the current process makes it too easy for an individual to acquire a property and immediately be eligible to operate an STR without becoming part of the neighborhood. In response to this concern, the primary residency requirements are proposed to be modified to require the property be owned by the applicant for a minimum of two years prior to license application and issuance. This will allow the new owners the opportunity to establish themselves in the neighborhood prior to application for an STR license, as well as keeping those attempting to skirt the primary residency requirements from so doing. Additionally, the definition of “primary residence” is proposed to be modified to clarify that the measurement of this time is on a rolling 365-day basis. This is intended to preclude operators from renting the STR, for example, from July to December of one year and again from January to June the following year, thereby further helping to ensure the home is the primary residence of the operator.

License Expiration
One of the most impactful changes to the STR regulations is the implementation of an annual licensing period. Currently, an STR license is valid indefinitely once it is issued.

Under the proposed regulations, STR licenses would expire on September 30 of each year, including all currently licensed STRs. This expiration timing is consistent with the expiration of City business licenses and it is anticipated that renewal information would be mailed to operators on a schedule consistent with business license renewals, to aid in ease of administration. Should the Council adopt the proposed revised regulations, staff proposes a robust outreach effort to current license holders on a monthly basis, both in email and standard mail, to alert current license holders that their STR license will expire consistent with the new regulations. Additionally, should the Council adopt the revised regulations, staff will return to the Council at the next appropriate juncture to establish a renewal fee that covers staff time necessary to renew the licenses.

Probationary Inspection
Another proposed addition to the STR regulations is the requirement for annual rental inspections for the first three annual licensing terms. During this “probationary inspection” period, staff would schedule time with STR operators to inspect the site, ensure life safety measures are maintained, and confirm that the STR is being operated in a manner consistent with the regulations. Additionally, as recommended by the STR Advisory Task Force, the proposed regulations include provisions that licensed STRs receiving one or more confirmed violations within the previous twelve months may receive additional annual inspections for the twelve-month period following each confirmed violation. The intent of this regulation is to ensure that STRs continue to be operated in a manner that minimizes impacts on the surrounding neighborhood.

Similar to fees necessary for annual renewal of STR licenses, should the Council adopt these revised regulations, staff will return to the Council to establish a renewal fee that covers staff time necessary to perform these inspections.

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May 2, 2023 Staff Report
Attachment 1

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Homeowner Association Authorization
Comments have been received from Homeowner Associations (HOAs) regarding the subject of approval of STR licenses in areas where the HOA has taken steps to further regulate these uses through their Covenants, Conditions, and Restrictions (CC&Rs). The City does not enforce CC&Rs; however, the City does cooperate with HOAs on matters such as architectural review prior to building permit application. Accordingly, the STR regulations are proposed to include language requiring HOA authorization prior to application submittal to the City for properties within active HOAs.

Good Neighbor Policy Regulations
When the City Council adopted the existing STR regulations, a list of “standards” for STR operators to follow was developed to further minimize the impact of STRs on residential neighborhoods (Attachment 2). However, as these “standards” are not codified into law, they represent guidelines rather than rules. As part of the updated regulations, two of these items are proposed to be codified. The first requires overnight STR occupants to park in the on-site parking spaces designated through the licensing process. This would further address neighborhood concerns of impacts to street parking because of STR operation.

The second item to be included in the revised STR regulations is the requirement for STRs to place their trash bins out for collection no sooner than 5:00 p.m. the day before collection and brought in no later than 8:00 p.m. on collection day. It is important to note that this requirement will not apply to all residences in the city. Applying this requirement to STRs will help keep STRs from becoming unsightly with trash being left in public view for extended periods, and will help protect the ocean and other waterways from trash dispersed by wind or animal extraction.

Corporate Managed/Operated Fractional Ownership
Finally, a newer phenomenon in the short-term rental landscape deals with corporately managed and operated fractional ownership units. These uses operate like timeshares but are being implemented in single-family residences rather than higher-density or resort-oriented areas. In keeping with the intent of the City’s existing regulations to protect residential neighborhoods, the STR regulations are proposed to be modified to include the existing definition of “Vacation Rental” and updated to include these corporate managed/operated fractional ownership units in such a way that this type of ownership would be prohibited under the City’s STR regulations. This is important, as vacation rentals are prohibited in the residential districts and would not be permitted. However, this would not preclude other fractional ownership situations, such as family members co- owning property, from occurring.

Regulations Not Proposed
During development of the proposed regulations, several regulations were discussed that staff did not recommend for inclusion. The first is the requirement for notice of pending STR licenses to be provided to neighbors for a comment period prior to action by the City.

The reason for not including this provision is due to the Coastal Commission previously Council Agenda 5-2-2023 12.A-3
May 2, 2023 Staff Report
Attachment 1

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viewing this type of action as a regulatory hurdle to the establishment of accommodations in the Coastal Zone.

Another regulation considered but not proposed for implementation is a numerical cap on the total number of STR licenses issued within the city. Larger cities, such as San Diego, have implemented numerical caps on STRs within their jurisdictions based on documented impacts to housing supply. The City currently has 28 licensed STRs, which is less than 1% of the total housing stock and does not appear to rise to the level of needing a cap. If this number drastically changes in the future, staff will return to request direction on potentially updating the regulations to include a numerical cap.

The last regulation considered but not recommended is a prohibition on STRs outside of the Coastal Zone. This was a point of discussion among the STR Advisory Task Force, and it was determined that it would preclude four existing STR licenses from being renewed. For this reason, the Advisory Task Force and staff did not recommend that prohibition be carried forward.

Environmental Review
In accordance with the California Environmental Quality Act (CEQA), it has been determined that the project is exempt pursuant to Section 15060(b)(3) of the CEQA Guidelines for projects where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment.

Public Notification
A public notice regarding the proposed ordinance was posted at City Hall, on the City’s website, and published in the New Times on April 20, 2023. Additionally, the public notice was sent to all licensed STR operators on April 25, 2023. The meeting agenda was posted at City Hall and on the City’s website in accordance with Government Code section 54954.2. As of the writing of this report, no comments have been received.

Conclusion and Recommendation
The short-term rental environment has evolved since the City implemented regulations in 2018. Accordingly, the City Council has directed staff to revise the regulations to address neighborhood concerns. For that reason, staff recommends the City Council introduce an ordinance (Attachment 1) modifying Chapter 5.22 of Title 5 of the Pismo Beach Municipal Code regarding short-term rentals. This regular ordinance, if introduced at this juncture, will be returned for second reading at the next available meeting and would become effective 30 days thereafter.

FISCAL IMPACT:

The fiscal impact of approving the ordinance could result in the need to establish additional STR license renewal fees to cover City resources used to support this program.

As stated above, should the City Council adopt the revised regulations, staff will return at a future date to set appropriate fees for STR license renewals and probationary inspections to cover staff time necessary to perform these services.

Council Agenda 5-2-2023 12.A-4
May 2, 2023 Staff Report
Attachment 1

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ALTERNATIVES:

1. Modify and introduce the ordinance; or

2. Provide alternative direction to staff.

ATTACHMENTS:

1. Ordinance

2. Good Neighbor Policy
Submitted by: Meeting Date: May 2, 2023
Matthew Downing, Community Development Director
City Manager Approval:

Council Agenda 5-2-2023 12.A-5
May 2, 2023 Staff Report
Attachment 1

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ORDINANCE NO. O-2023-XXX

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PISMO BEACH, CALIFORNIA AMENDING CHAPTER 5.22 OF TITLE 5 OF THE PISMO BEACH

MUNICIPAL CODE RELATING TO ADMINISTRATIVE REGULATIONS OF SHORT-

TERM RENTALS AND HOMESTAYS
WHEREAS, during the past two decades, Pismo Beach has experienced a significant increase in the popularity of single-family homes being used as short-term rentals (STRs) for periods of less than 30 days;
WHEREAS, in 2018 the City adopted Short-Term Rental ordinances to establish a permitting process and standards in order to minimize the negative impacts resulting from a proliferation of STRs; and
WHEREAS, these impacts include, but are not limited to noise, parking, trash, loss of neighborhood character, reduction in long-term housing stock, and loss of Transient Occupancy Taxes (TOT); and
WHEREAS, the purpose of the amendments established hereby is to add additional regulations to the existing ordinance in order to enhance preservation of neighborhood integrity, encourage maintenance of the City’s long-term housing stock, further minimize impacts to coastal resources, continue to provide for the reasonable use of property, and ensure that STRs are consistent with the General Plan, Zoning Code, and other applicable sections of the Municipal Code; and
WHEREAS, additional regulations relating to the administration of short-term rental and homestay licenses are established in Title 17 of the Municipal Code.

NOW, THEREFORE, the City Council of the City of Pismo Beach does ordain as follows:

SECTION 1.

The foregoing recitals are adopted as findings of fact in support of this ordinance.

SECTION 2.

Chapter 5.22 of the Pismo Beach Municipal Code is revised to read as follows:

Attachment 1
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May 2, 2023 Staff Report
Attachment 1

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Article I. Vacation Rental Regulation

5.22.010 Definitions.

For the purposes of this chapter, certain words and phrases shall be construed as set forth in this section, unless it is apparent from the context that a different meaning is intended.
"Transient" shall have the same meaning as set forth in Section 3.20.020 of this code.
“Vacation rental” shall mean any structure, as defined in the building code adopted in Title 15 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. This includes corporate managed/operated fractional ownership units.

5.22.020 Application process.

A. Persons wishing to use a structure as a vacation rental shall do all of the following:

1. Complete a vacation rental certificate request form, which form shall be provided by the Community Development Director or designee.

2. Submit the following information in support of a vacation rental certificate:
a. The name, address, and telephone number of the property owner and a contact person/entity that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The contact person/entity shall reside or maintain a physical business address within twenty-five (25) miles of the vacation rental. A post office box or private mail drop address shall not be deemed to comply with the
requirement of maintaining a residence or physical business address. An owner of a vacation rental who resides within a twenty-five (25) mile radius of the vacation rental unit may designate themselves as the contact person. Any change in the contact person's address or telephone number shall be promptly furnished to the City.
b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking
Attachment 1
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May 2, 2023 Staff Report
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locations and dimensions, and photographs showing the
interior of each bedroom and showing each parking location. c. A copy of the proposed notices required by Section

5.22.040.E. of this code to be posted inside the vacation rental unit.
d. Proof of written notification to all property owners and residents within one hundred (100) feet of any point on the property containing the vacation rental, describing the proposed vacation rental use, including the number of
separate vacation rental units, the number of on-site parking spaces and the telephone number of the contact person/entity set forth in subsection (A)(2)(a).
e. Acknowledgment that the owner and contact person/entity, if any, have read this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.
f. Such other information as the Community Development
Director or designee deems reasonably necessary to
administer this chapter.

3. Submit to an inspection of the vacation rental by City staff if staff deems an inspection to be required prior to issuance of certificate.

4. Obtain a valid business license for a vacation rental unit.

B. Once the vacation rental is approved by the Community Development Director or designee and a valid business license is on file for the vacation rental, the tax administrator will issue a transient occupancy registration certificate for the vacation rental pursuant to Section 3.20.060 of this code.

C. Vacation rental certificates shall be personal property of the vacation rental unit operator and shall not run with the land. Upon sale of a property operated as a vacation rental, the vacation rental certificate shall expire as of the date of sale, and the new owner shall comply with the provisions of this chapter prior to operation of the vacation rental unit.

5.22.030 Vacation rental standards.

A. Except as otherwise permitted by the Community Development Director or designee upon presentation of extenuating circumstances, each vacation rental shall have a minimum of two (2) parking spaces available onsite at all times.

Attachment 1
Council Agenda 5-2-2023 12.A-8
May 2, 2023 Staff Report
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B. Each vacation rental shall provide for garbage removal as required by Chapter 8.12 of this code.

5.22.040 On-going requirements for vacation rental operation.

A. The operator of the vacation rental shall, at all times while the property is being used as a vacation rental, maintain a contact person/entity that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the vacation rental. The contact person shall respond, either in person, or by return telephone call, within three (3) hours of a complaint, and the contact person shall provide the complaining party a proposed resolution to the complaint.

B. The operator or contact person/entity shall use best efforts to ensure that the occupants and/or guests of the vacation rental do not create unlawful noise or disturbances, engage in disorderly conduct, or violate provisions of this code or any state law pertaining to noise or disorderly conduct, by notifying the occupants of the rules regarding vacation rentals and responding in person when notified that occupants are violating laws regarding their occupancy. Notwithstanding the retention of a separate contact person/entity, the owner of the vacation rental is responsible for compliance with the provisions of this chapter and the failure of an agent, representative, or contact person to comply with this chapter shall be deemed noncompliance by the owner.

C. The operator of the vacation rental shall annually, not later than December 31 of each year, notify in writing all property owners and residents within one hundred (100) feet of any point on the property containing the vacation rental, that the property will be used as a vacation rental.

D. The operator of the vacation rental shall annually, not later than December 31 of each year, provide in writing to all property owners and residents within one hundred (100) feet of any point on the property containing the vacation rental the name, address and telephone number of the contact person required in subsection (A) of this section.

E. A written notice shall be conspicuously posted inside each vacation rental unit setting forth the name, address and telephone number of the contact person required in subsection (A) of this section. The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.

Attachment 1
Council Agenda 5-2-2023 12.A-9
May 2, 2023 Staff Report
Attachment 1

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F. Any advertising of the vacation rental shall include the vacation rental permit number provided by the City.

5.22.050 Violations and enforcement.

A. It shall be unlawful and a misdemeanor for any person to construct for vacation rental use, to convert to vacation rental use, to offer to another for vacation rental use, to advertise for vacation rental use, or to occupy as a vacation rental use any portion of any structure or facility without full compliance with this chapter.

B. In addition to, or in lieu of criminal sanctions set forth in subsection (A) of this section, administrative penalties, including a notice of violation, shall be imposed, and permits shall be revoked, in the manner provided in this subsection (B).

1. The City Building Official or designee shall conduct an investigation whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter. Should the investigation reveal that a violation occurred, the City Building Official or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the permit. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the City Building Official, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the permit will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the City Clerk the amount of any fine imposed, and a request for a hearing. The penalties for violations specified in subsection (B) of this section shall be as follows:

a. For the first violation within any twelve (12) month period, the penalty shall be a fine not to exceed one hundred dollars ($100), and/or suspension of the permit for a period not to exceed three (3) months.

b. For a second violation within any twelve (12) month period, the penalty shall be a fine not to exceed two hundred fifty dollars ($250), and/or suspension of the permit for a period not to exceed six (6) months.

c. For a third violation within any twelve (12) month period, the penalty shall be a fine not to exceed five hundred dollars ($500), and/or suspension of the permit for a period not to exceed one (1) year.

Attachment 1
Council Agenda 5-2-2023 12.A-10
May 2, 2023 Staff Report
Attachment 1

12.E-15Council Agenda 7-18-2023

2. If the owner requests a hearing within the time specified in subsection (1) of this section, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the permit only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The Community Development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.

C. The Community Development Director or designee shall have the authority to impose additional conditions on any permit in the event of any violation of the conditions of the permit or the provisions of this chapter.

Article II. Short-Term Rental Regulation

5.22.100 Definitions.

For the purposes of this chapter, certain terms are hereby defined. The words "shall" and "will" are mandatory; the word "may" is discretionary.

A. "Bedroom" shall mean a room that is primarily used for sleeping. A bedroom shall be no less than seventy (70) square feet in size, with a minimum horizontal dimension of no less than seven (7) feet on any side. A bedroom offered for rent within a Short-Term Rental or Homestay shall meet all applicable California Building Code life safety requirements.

B. "Homestay" shall mean an owner-occupied, detached single-family residence where bedrooms are rented for compensation for less than thirty (30) consecutive days.

C. "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 (50%) of the year, defined herein as one hundred eighty- three (183) days or more per year on a rolling 365-day basis. For purposes of Short-Term Rental or Homestay licensing, a person can only have one Primary Residence at any time.

D. "Proof of Primary Residence." In addition to the requirement that the licensed property be the property owner's Primary Residence as defined Attachment 1
Council Agenda 5-2-2023 12.A-11
May 2, 2023 Staff Report
Attachment 1

12.E-16Council Agenda 7-18-2023

herein, the City shall also review documentation deemed acceptable by the City showing the dwelling is the owner's principal residence.

E. “Responsible party” shall mean a person, over the age of eighteen (18), who shall be legally responsible for compliance of all renters and visitors of the STR or Homestay with all applicable provisions of the Pismo Beach Municipal Code. The Responsible Party shall sign the Good Neighbor Policy and is designated as the point of contact for the STR or Homestay.

The Responsible Party shall assure the maintenance of the licensed property in compliance with this and other applicable regulations, and shall be responsible for the conduct and acts of said renters and visitors to the extent provided herein. The Responsible Party's contact information shall be provided to all short-term renters and neighbors within three hundred (300) feet of the STR or Homestay in the manner prescribed in Chapter

5.22. F. "Short-term rental" or "STR" shall mean the rental of a detached single- family residence or accessory dwelling unit for less than thirty (30) consecutive days where the primary residence is not being concurrently occupied by the owner.

G. "Long-term rental" shall mean a rental for thirty (30) consecutive days or more. Any rental agreement that allows a sublet or sublease to multiple parties for any terms less than thirty (30) days, or early cancellation with or without penalty that allows multiple rentals within a thirty (30) day period, shall be considered a Short-Term Rental and be subject to the terms of a Short-Term Rental license as provided in this code.

5.22.110 License required.

A. No owner or owners of a Short-Term Rental or Homestay shall rent, offer to rent, or advertise for rent the Short-Term Rental or Homestay to another person without a license approved and issued in the manner provided for by this chapter.

B. Applicants must show proof of property ownership for two (2) consecutive years from the date of purchase prior to license application and issuance.

5.22.120 Application process.

A. A property owner wishing to use a detached single-family residence as a Short-Term Rental or Homestay shall do all of the following. Applications will not be deemed complete nor processed until all required information is provided and fees are paid:

Attachment 1
Council Agenda 5-2-2023 12.A-12
May 2, 2023 Staff Report
Attachment 1

12.E-17Council Agenda 7-18-2023

1. Complete a Short-Term Rental application. Submit the following information at the time of application:

a. The name, address, and telephone number of the property owner, or authorized Responsible Party, that can be reached via telephone twenty-four (24) hours a day, seven (7) days a week, to respond to complaints regarding the use of the STR or Homestay. Any change in the contact information for either the property owner or Responsible Party shall be promptly furnished to the City.

b. A site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and parking
locations and dimensions, and photographs showing the
interior of each bedroom and showing each parking location.

c. Notification materials containing information that allows the City to produce mailing labels, including both Owner and Occupant lists. The information should be provided in
Microsoft Excel or equivalent editable spreadsheet format.

The information should include the following fields for all properties within a five-hundred (500) foot radius of the site:

Assessor Parcel Number, property address, first and last name of owner, owner mailing address, owner city, owner state, and owner zip code. A receipt or letter from the title company or person who completes notification labels,
certifying that the labels are correct, to the best ability of the preparer, must also be included.

d. Such other information as the Director of Community
Development or designee deems reasonably necessary to
administer this chapter.

e. Acknowledgment that the owner and contact person/entity, if any, have read all this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.

f. Submit an affidavit signed under penalty of perjury by property owner that the home is their primary residence. Failure to sign the affidavit shall be grounds for denial of an STR or
Homestay license.

g. For properties that are part of a Homeowner Association (HOA), written authorization from HOA Board of Directors to Attachment 1
Council Agenda 5-2-2023 12.A-13
May 2, 2023 Staff Report
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12.E-18Council Agenda 7-18-2023

use the property as a Short-Term Rental shall be required prior to action on the license by the City.

2. Submit to an inspection of the rental by City staff prior to issuance of the certificate. Prior to issuance of an STR or Homestay license, the City shall conduct an inspection of subject property to confirm bedroom count, on-site parking, and applicable safety standards. If complaints are received about STR or Homestay operations, the City shall have the right to re-inspect the property. In the event such re- inspection requires access to the interior of a dwelling unit, the property owner shall provide the City access to the premises upon forty-eight (48) hours’ advance notice.

3. Review and initial the Good Neighbor Policy.

4. Pay the Short-Term Rental license application fee, as established by resolution of the City Council.

5. Obtain a valid business license for a short-term rental property.

B. Once the Short-Term Rental license is issued by the Community Development Department and a valid business license is on file for the Short-Term Rental or Homestay, the tax administrator will issue a valid transient occupancy registration certificate for the Short-Term Rental or Homestay pursuant to Section 3.20.060 of this code.

C. Short-term rental and Homestay licenses shall be personal property of the property owner and shall not run with the land. Upon sale of a property operated as a Short-Term Rental or Homestay, the certificate shall be deemed void without further action by the City.

5.22.130 Short-term rental standards.

A. The STR or Homestay shall be operated consistent with the standards and regulations contained within the zoning codes of the Pismo Beach municipal code, including but not limited to Chapters 17.09 and 17.113.

B. Each STR or Homestay shall provide for garbage removal as required by Chapter 8.12 of this code.

C. A written notice shall be conspicuously posted inside each STR or Homestay setting forth the name, address, and telephone number of the contact person required in Section 5.22.120(A)(1)(a). The notice shall also set forth the maximum number of occupants permitted to stay overnight in the unit, the maximum number of vehicles allowed to be parked on-site, and Attachment 1
Council Agenda 5-2-2023 12.A-14
May 2, 2023 Staff Report
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12.E-19Council Agenda 7-18-2023

the day(s) established for garbage collection. The notice shall also provide the non-emergency telephone number of the City Police Department.

D. Any advertising of the STR or Homestay shall include the STR or Homestay license number provided by the City.

5.22.140 Annual license requirements.

A. Short-Term Rental or Homestay licenses are valid from the date of issuance through September 30 of each year. Any licenses in effect as of the effective date of the ordinance establishing this section shall be deemed to be extended to September 30 in the same year or the year following the effective date of the ordinance, whichever is sooner, and thereafter such licenses shall be subject to the annual renewal requirements of this section.

Short-Term Rental or Homestay operators are responsible for obtaining renewal of the license each year.

B. An operator wishing to renew their Short-Term Rental or Homestay license for the annual period shall do all of the following. Applications will not be deemed complete nor processed until all required information is provided and fees are paid:

1. Complete a Short-Term Rental application. Submit the following information at the time of application:

b. Acknowledgment that the owner and contact person/entity, if any, have read all this chapter, and acknowledgment of their responsibility to assist in enforcement for payment of transient occupancy taxes.

c. An affidavit signed under penalty of perjury by property owner that the home is their primary residence. Failure to sign the affidavit shall be grounds for denial of an STR or Homestay license.

d. For properties that are part of a Homeowner Association (HOA), written authorization from HOA Board of Directors to Attachment 1
Council Agenda 5-2-2023 12.A-15
May 2, 2023 Staff Report
Attachment 1

12.E-20Council Agenda 7-18-2023

use the property as a Short-Term Rental shall be required prior to action on the license by the City.

e. If the layout of the licensed site and/or structure had changed, an updated site and floor plan including unit square footage, bedroom and bathroom locations and dimensions, and
parking locations and dimensions, and photographs showing the interior of each bedroom and showing each parking
location.

f. If deemed necessary by the Community Development
Director or designee, updated notification materials containing information that allows the City to produce mailing labels, including both Owner and Occupant lists, in compliance with Section 5.22.120(A)(1)(c) of this code.

g. Such other information as the Director of Community
Development or designee deems reasonably necessary to
administer this chapter.

2. Submit to inspection of the property as outlined in Section (C) below.

3. Review and initial the Good Neighbor Policy.

4. Pay the Short-Term Rental license application fee, as established by resolution of the City Council.

5. Obtain a valid business license for a short-term rental property.

C. During the first three (3) annual licensing periods for a particular property, the property shall be inspected by the City during the renewal period for life safety purposes to ensure proper safety and operation of the STR or Homestay.

1. Following this three (3) year period, annual inspections shall not be required as part of the license renewal process, unless one or more violations of the applicable regulations in this code are confirmed within the previous twelve (12) month period. In such a case, annual inspections may be reinstated for twelve (12) months following each confirmed violation, at the discretion of the Community Development Director or designee.

5.22.150 Violations and enforcement.

A. It shall be unlawful and a misdemeanor for any person to construct for Short-Term Rental or Homestay use, to convert to Short-Term Rental or Attachment 1
Council Agenda 5-2-2023 12.A-16
May 2, 2023 Staff Report
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12.E-21Council Agenda 7-18-2023

Homestay use, to offer to another for Short-Term Rental or Homestay use, to advertise for Short-Term Rental or Homestay use, or to occupy as a Short-Term Rental or Homestay use, any portion of any structure or facility without full compliance with this chapter.

B. In addition to, or in lieu of. criminal sanctions set forth in subsection

5.22.140(A), administrative penalties, including a notice of violation, shall be imposed, and licenses shall be revoked, in the manner provided in this subsection B.

1. The Community Development Director or designee shall cause an investigation to be conducted whenever there is reason to believe that an owner has failed to comply with the provisions of this chapter.

Should the investigation reveal that a violation occurred, the Community Development Director or designee shall issue written notice of the violation and intention to impose a penalty and/or revoke the license. The written notice shall be served on the owner and operator or agent and shall specify the facts which, in the opinion of the Community Development Director, constitute grounds for imposition of the penalties and/or revocation, and specify that the penalties will be imposed and/or that the license will be revoked within fifteen (15) days from the date the notice is given unless the owner and/or operator files with the City Clerk the amount of any fine imposed, and a request for a hearing.
a. The penalties for violations specified in subsection B. of this section shall be as follows: Notwithstanding anything to the contrary in Section 1.24.080 of this code, the initial fine shall be, at a minimum, seven hundred and fifty dollars ($750) for an administrative violation of this chapter and shall be, at a minimum, one thousand dollars ($1,000) for each subsequent violation. Each separate day or rental night in which a violation exists may be considered a separate violation. Any attempt to rent an unlicensed residence as an STR or Homestay by
advertising said property for Short-Term Rental or Homestay purposes shall be deemed a violation of this chapter. The City shall not issue an STR or Homestay license for a particular residence for a minimum of twelve (12) months after a
violation for marketing or renting said residence without a valid license.
b. Failure to sign an affidavit stating that the residence is the property owner’s primary residence will result in an initial fine of seven hundred and fifty dollars ($750) and license
revocation. Additionally, should it be determined that the residence is not the property owner’s primary residence, Attachment 1
Council Agenda 5-2-2023 12.A-17
May 2, 2023 Staff Report
Attachment 1

12.E-22Council Agenda 7-18-2023

based on a preponderance of the evidence, the license shall be revoked.

c. Licensees failing to submit, or submitting late, two (2) or more Transient Occupancy Tax (TOT) submittals in a twelve (12) month period, shall not have their license renewed following the expiration of that period.

2. If the owner requests a hearing within the time specified in subsection (1) of this section, the City Clerk shall serve written notice on the owner and operator, by mail, of the date, time and place for the hearing which shall be scheduled not less than fifteen (15) days, nor more than forty-five (45) days after receipt of request for a hearing. The Community Development Director may preside over the hearing or may designate a hearing officer to take evidence and submit proposed findings and recommendations to the Community Development Director. The Community Development Director shall impose the penalties or revoke the license only upon a finding that a violation has been proven by a preponderance of the evidence, and that the penalty or revocation is consistent with the provisions of this chapter. The Community Development Director shall render a decision within thirty (30) days of the hearing and the decision shall be final.

C. The Community Development Director or designee shall have the authority to impose additional conditions on any license in the event of any violation of the conditions of the license or the provisions of this chapter.

5.22.160 Cessation of use of a property as short-term rental.

Where the owner of property licensed as a Short-Term Rental or Homestay pursuant to this chapter ceases such use, the property owner shall promptly inform the tax administrator of the cessation of use of the property as a short-term rental or Homestay and shall surrender the STR or Homestay license.

5.22.170 License suspension, modification, or revocation.

In addition to any other remedy provided by this chapter, a license issued pursuant to this chapter may be suspended, modified or revoked for violations of this chapter, for violation of any other law on the premises of the Short-Term Rental or Homestay, or for the maintenance of such other conditions as may be shown to be injurious to the public health and safety. Revocation proceedings may be initiated by the community development director and shall be conducted pursuant to the procedures set forth in Section 5.22.150(B).

Attachment 1
Council Agenda 5-2-2023 12.A-18
May 2, 2023 Staff Report
Attachment 1

12.E-23Council Agenda 7-18-2023

SECTION 3.

Under the provisions of the California Environmental Quality Act (CEQA) Guidelines Section 15061 (b) (3), this ordinance is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, such as the adoption the regulations contained herein, the activity is not subject to CEQA.

SECTION 4.

This ordinance shall not be interpreted in any manner to conflict with controlling provisions of state or federal law, including, without limitation, the Constitution of the State of California. If any section, subsection, or clause of this ordinance shall be deemed to be unconstitutional or otherwise invalid, the validity of the remaining sections, subsections and clauses shall not be affected thereby. If this ordinance, or any section, subsection or clause of this ordinance shall be deemed unconstitutional or invalid as applied to a particular appeal, the validity of this ordinance and its sections, subsections, and clauses in regard to other contracts shall not be affected.

SECTION 5.

This ordinance shall become effective on the thirtieth (30th) day following passage and adoption hereof.

SECTION 6.

The City Clerk shall certify to the passage and adoption of this Ordinance, shall enter the same in the book of original ordinances of the City and shall make a minute of the passage and adoption thereof in the records of the meeting at which the same is passed and adopted.

Before the expiration of fifteen (15) days after the passage of this Ordinance, the City Clerk shall cause the same to be posted in three public places within the City of Pismo Beach, to wit: 1) City Hall, 760 Mattie Road, Pismo Beach, 2) U.S. Post Office, Shell Beach Road, Pismo Beach, 3) U.S. Post Office, Crest Drive, Pismo Beach.

INTRODUCED at a regular meeting of the City Council held this 2nd day of May, 2023, on motion of Council Member , seconded by Council Member , and on the following roll call vote, to wit:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Attachment 1
Council Agenda 5-2-2023 12.A-19
May 2, 2023 Staff Report
Attachment 1

12.E-24Council Agenda 7-18-2023

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
ADOPTED at a regular meeting of the City Council held this th day of , 2023, on motion of Council Member , seconded by Council Member , and on the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

RECUSED:

Approved: Attest:
________________________ ________________________
Ed Waage, Mayor Erica Inderlied, City Clerk
APPROVED AS TO FORM:
______________________________
David M. Fleishman, City Attorney
Attachment 1
Council Agenda 5-2-2023 12.A-20
Attachment 2
May 2, 2023 Staff Report
Attachment 1

12.E-25Council Agenda 7-18-2023

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ϰ͘ dŚĞŽǁŶĞƌͬƌĞƐƉŽŶƐŝďůĞƉĂƌƚǇ ƐŚĂůůƌĞƐƉŽŶĚƚŽĂĐŽŵƉůĂŝŶƚǁŝƚŚŝŶϯϬŵŝŶƵƚĞƐ͘ ϱ͘Parking – WĂƌŬŝŶŐƐŚĂůůďĞƉƌŽǀŝĚĞĚŝŶĂŐĂƌĂŐĞŽƌŽŶĂĚƌŝǀĞǁĂǇ͘^dZŽĐĐƵƉĂŶƚƐƐŚĂůůƵƐĞƚŚĞŽī-ƐƚƌĞĞƚ ƉĂƌŬŝŶŐƚŚĂƚŝƐƉƌŽǀŝĚĞĚĨŽƌƚŚĞƌĞŶƚĂů͘
ϲ͘Noise – dŚĞ^dZƌĞŶƚĞƌƐĂŶĚǀŝƐŝƚŽƌƐƐŚĂůůŶŽƚŐĞŶĞƌĂƚĞŶŽŝƐĞƚŽĂŶĞǆƚĞŶƚƚŚĂƚƵŶƌĞĂƐŽŶĂďůǇŝŶƚĞƌĨĞƌĞƐǁŝƚŚ ƚŚĞƋƵŝĞƚƵƐĞĂŶĚĞŶũŽǇŵĞŶƚŽĨŶĞŝŐŚďŽƌŝŶŐƉƌŽƉĞƌƟĞƐ͘ŶǇŶŽŝƐĞŽĐĐƵƌƌŝŶŐĂŌĞƌϭϬƉ͘ŵ͘ĂŶĚďĞĨŽƌĞϳ͗ϬϬ Ă͘ŵ͘ƐŚĂůůďĞĐŽŶƚĂŝŶĞĚǁŝƚŚŝŶƚŚĞ^dZͬ,ŽŵĞƐƚĂǇ͘
ϳ͘Trash – dƌĂƐŚƐŚĂůůŶŽƚďĞůĞŌƐƚŽƌĞĚǁŝƚŚŝŶƉƵďůŝĐǀŝĞǁ͕ĞǆĐĞƉƚŝŶƉƌŽƉĞƌĐŽŶƚĂŝŶĞƌƐĨŽƌƉƵƌƉŽƐĞƐŽĨ ĐŽůůĞĐƟŽŶ͘dŚĞƌĞƐŚĂůůďĞŶŽĂĐĐƵŵƵůĂƟŽŶŽĨƐƚŽƌĂŐĞŽĨƚƌĂƐŚĂŶĚͬŽƌĚĞďƌŝƐŽŶƚŚĞƐŝƚĞŽƌǁŝƚŚŝŶƚŚĞ ^dZͬ,ŽŵĞƐƚĂǇ͘
ϴ͘dƌĂĸĐ – sĞŚŝĐůĞƐƵƐĞĚĂŶĚƚƌĂĸĐŐĞŶĞƌĂƚĞĚďǇƚŚĞ^dZŽƌŚŽŵĞƐƚĂǇƐŚĂůůŶŽƚĞǆĐĞĞĚŶŽƌŵĂůƌĞƐŝĚĞŶƟĂů ůĞǀĞůƐŽƌƵŶƌĞĂƐŽŶĂďůǇŝŶƚĞƌĨĞƌĞǁŝƚŚƚŚĞƋƵŝĞƚƵƐĞĂŶĚĞŶũŽǇŵĞŶƚŽĨĂŶǇŽƚŚĞƌƌĞƐŝĚĞŶĐĞƐŽƌďƵƐŝŶĞƐƐĞƐŝŶ ƚŚĞĂƌĞĂ͘tŚĂƚŝƐƌĞĂƐŽŶĂďůĞŝŶƚĞƌŵƐŽĨƚƌĂĸĐŐĞŶĞƌĂƚĞĚƐŚĂůůďĞĚĞƚĞƌŵŝŶĞĚƵŶĚĞƌĞǆŝƐƟŶŐůĞŐĂůƐƚĂŶĚĂƌĚƐ ĂƉƉůŝĐĂďůĞƚŽĞǀĂůƵĂƟŶŐĂůůĞŐĞĚŶƵŝƐĂŶĐĞƐ͘
ϵ͘Maximum Occupancy – DĂǆŝŵƵŵŽǀĞƌŶŝŐŚƚŽĐĐƵƉĂŶĐǇŽĨĂŶ^dZŽƌŚŽŵĞƐƚĂǇƐŚĂůůďĞůŝŵŝƚĞĚƚŽƚǁŽ ƉĞŽƉůĞƉĞƌďĞĚƌŽŽŵ͕ƉůƵƐƚǁŽĂĚĚŝƟŽŶĂůƉĞŽƉůĞ͘&ŽƌĞǆĂŵƉůĞ͕ĂƚǁŽ-ďĞĚƌŽŽŵ^dZŵĂǇŚĂǀĞƵƉƚŽƐŝǆ ŽĐĐƵƉĂŶƚƐŽǀĞƌŶŝŐŚƚ͘dŚŝƐĐĂůĐƵůĂƟŽŶƐŚĂůůďĞŝŶĐůƵƐŝǀĞŽĨĐŚŝůĚƌĞŶ͘ ϭϬ͘Visitors – dŚĞŶƵŵďĞƌŽĨǀŝƐŝƚŽƌƐƚŽĂŶ^dZŽƌŚŽŵĞƐƚĂǇƐŚĂůůŶŽƚĞǆĐĞĞĚĂŶƵŵďĞƌĞƋƵĂůƚŽƚŚĞĂůůŽǁĂďůĞ ŽĐĐƵƉĂŶĐǇŽĨƚŚĞ^dZŽƌŚŽŵĞƐƚĂǇĂƚĂŶǇƟŵĞ͘sŝƐŝƚŽƌƐĂƌĞŶŽƚĂůůŽǁĞĚŝŶƚŚĞ^dZŽƌŚŽŵĞƐƚĂǇďĞƚǁĞĞŶ ϭϭ͗ϬϬƉ͘ŵ͘ĂŶĚϳ͗ϬϬĂ͘ŵ͘ĂŶĚƐŚĂůůŶŽƚƐƚĂǇŽǀĞƌŶŝŐŚƚŽŶƚŚĞƉƌĞŵŝƐĞƐ͘ ǇŝŶŝƟĂůŝŶŐďĞůŽǁ͕/ĂŵĐŽŶĮƌŵŝŶŐƚŚĂƚ/ƵŶĚĞƌƐƚĂŶĚĂŶĚĂŐƌĞĞƚŚĂƚŝƚŝƐƚŚĞƌĞƐƉŽŶƐŝďŝůŝƚǇŽĨƚŚĞŽǁŶĞƌͬƌĞƐƉŽŶƐŝďůĞ ƉĂƌƚǇĐŽŶƚĂĐƚƚŽĞŶƐƵƌĞƚŚĂƚĂůů^dZͬ,ŽŵĞƐƚĂǇƌƵůĞƐĂŶĚƌĞŐƵůĂƟŽŶƐĂƌĞĂĐŬŶŽǁůĞĚŐĞĚĂŶĚĂĚŚĞƌĞĚƚŽďǇƚŚĞ^dZ ƌĞŶƚĞƌƐĂŶĚǀŝƐŝƚŽƌƐ͘
KǁŶĞƌ/ŶŝƟĂůƐͺͺͺͺͺͺͺͺͺ ZĞƐƉŽŶƐŝďůĞWĂƌƚǇ/ŶŝƟĂůƐͺͺͺͺͺͺͺͺͺ Council Agenda 5-2-2023 12.A-21
Attachment 2
May 2, 2023 Staff Report
Attachment 1

12.E-26Council Agenda 7-18-2023

Attachment 2

12.E-27Council Agenda 7-18-2023

Attachment 2

12.E-28Council Agenda 7-18-2023

Attachment 3

12.E-29Council Agenda 7-18-2023

Attachment 3

12.E-30Council Agenda 7-18-2023

Attachment 3

12.E-31Council Agenda 7-18-2023

Attachment 3

12.E-32Council Agenda 7-18-2023

Attachment 3

12.E-33Council Agenda 7-18-2023

Attachment 3

12.E-34Council Agenda 7-18-2023

Pismo Beach City CouncilJuly 18, 2023

Pismo Beach City Council
July 18, 2023