cc 2024 AR 05/28 code amendment - short-term rentals — Vista City Council, May 28, 2024

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Department: Community Development
® CITY COUNCIL
❑ COMMUNITY DEVELOPMENT COMMISSION
❑ SUCCESSOR AGENCY
❑ BUENA SANITATION DISTRICT
❑ JOINT POWERS FINANCING AUTHORITY
Item No: PH1
Prepared by: Joe Vacca, Director Meeting Date: May 28, 2024 Approved by: John Conley, City Manager Agenda Location: Public Hearin SUBJECT: CODE AMENDMENT TO PERMIT AND REGULATE SHORT-TERM RENTALS RECOMMENDATION:

1. Open, conduct, and close a public hearing to receive testimony regarding the addition of Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, and amendment of Vista Development Code Chapter 18.02, Purpose, Interpretation and Definitions, to regulate and create a permitting process for short-term rentals; and consider establishing a fee for applications for short-term rental permits.

2. Adopt Ordinance No. 2024- , adding Chapter 8.34 of the Vista Municipal Code and amending Chapter 18.02 of the Vista Development Code relating to short-term rentals.

3. Adopt City Council Resolution No. 2024- , approving a filing and processing fee for applications to permit short-term rentals.

CORRELATION TO CITY COUNCIL GOALS: Economic Development PRIOR ACTION: On March 14, 2023, discussed establishing short-term rental rules and provided direction to staff (Vote: No Vote).

PRIOR PLANNING COMMISSION ACTION: On May 7, 2024, adopted Resolution No. 2024-11, recommending City Council approval of an ordinance adding Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, and amendment of Vista Development Code Chapter 18.02, Purpose, Interpretation and Definitions, to regulate and create a permitting process for Short -Term Rentals (Vote: 6-0-1, Savage absent).

STATEMENT ON THE SUBJECT: Short-term rentals, (STRs), have become more prevalent in Vista over the past recent years and have become an additional source and contributor to economic development and need to be regulated to safeguard the peace, safety, and general welfare of existing residential neighborhoods.

There are currently 36 STRs in Vista that have business licenses and are completing payment of Transient Occupancy Taxes (TOT), (a GIS map showing these STRs is attached as Exhibit 6). Of the 36 STRs that have an active business license in Vista, the GIS map and legend shows the locations, and numbers of STRs per district, as follows:

ACTION: Opened, conduced, and closed the Public Hearing. Approved above recommendation and adopted the following: Ordinance No. 2024-5 with adjustment of Quiet Hours from 9:00 pm - 9:00 am. Vote: 5-0; City Council Resolution No. 2024-73. Vote: 5-0.

Clerk/Secretary

MEETING DATE: May 28, 2024 PAGE 2
SUBJECT: CODE AMENDMENT TO PERMIT AND REGULATE SHORT-TERM RENTALS ➢ District 1 has 4 STRS
➢ District 2 has 18 STRs
➢ District 3 has 8 STRs
➢ District 4 has 6 STRs
On March 14, 2023, Deputy Mayor Melendez placed short-term rentals on the agenda for City Council discussion and introduced the item. There were 15 public speakers that voiced opinions in favor of establishing regulations for permitting STRs. Then City Council and staff discussed establishing a simple permit process for STRs and a variety of items to be considered when establishing the permit process. The City Council determined that an ordinance should be prepared for consideration to regulate and permit STRs and directed staff to proceed with necessary amendments to the Municipal Code and Development Code. The minutes are attached as Exhibit 5 for reference.

On May 7, 2024, the Planning Commission adopted a resolution recommending City Council approval of an ordinance adding Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, and amendment of Vista Development Code Chapter 18.02, Purpose, Interpretation and Definitions, to regulate and create a permitting process for short-term rentals. There were 18 public speakers generally in support of the regulations with some inquiries that the time to respond to notice of violations be shortened. A few STR owners expressed concern over the proposed requirement for an exterior complaint phone number display to be placed in the window of a permitted STR.

After Commission discussion, their motion and recommendation decision included a change to the Response Requirements Section U of the ordinance, which was updated to change the time that a responsible person must respond to notification of violations from within "24 hours" to 1 hour", and this update is reflected in the proposed ordinance for City Council consideration. This is the section, showing changes recommended from Planning Commission in underline and strikeout, as follows:

U. Response Requirements. The responsible person shall, upon notification that occupants or guests of their short-term rental have violated provisions of this chapter or other applicable federal, state, or local laws, rules, or regulations, prevent a recurrence of such conduct by those occupants or guests and shall respond to the notification of violations as soon as practically possible, but within 2-41 hours at the latest. Failure to timely respond to complaints may result in enforcement pursuant to section 8.34.080.C.

No other changes were recommended by the Planning Commission. The Planning Commission Agenda Report of May 7, 2024, is attached to this report as Exhibit 4, and includes a complete overview of the proposed regulations, and staff analysis. Comment letters and emails received by members of the public on this topic are also attached (Exhibit 7).

Code Amendment. The proposed Chapter 8.34 has been prepared at the direction of the City Council to establish reasonable and straightforward regulations for permitting STRs while ensuring compatibility with existing neighborhoods. The ordinance establishes a permitting process for STRs.

It also clearly outlines operational requirements to address concerns raised regarding STRs and possibility for overcrowding, excessive noise and trash, inadequate parking, and prohibits one-night rentals in single-family neighborhoods intended for parties. The STR regulations for hosted units do not require a minimum number of night -stays since the host is on -site, nor is there a minimum night - stay required for STRs in multi -family residential units, including those in mixed -use projects, because staff is not aware of apartment unit STRs being rented for one night for large group parties.

The ordinance also limits the number of STRs in each district to 5 per property owner, in order to preserve existing housing units for longer term occupancy and to limit the number of multi -family residential units being used as STRs in one building or on one site. Staff believes that 5 STRs per 05/28/2024 PH 1 2 of 73

MEETING DATE: May 28, 2024 PAGE 3
SUBJECT: CODE AMENDMENT TO PERMIT AND REGULATE SHORT-TERM RENTALS owner per district is reasonable, particularly considering the number of current legally permitted STRs that pay Transient Occupancy Tax (TOT) and allows an owner to operate multiple STRs citywide but reduces proliferation of STRs in apartment or rental buildings under one ownership.

The STR regulations highlight the requirement for payment and collection of TOT. The STR requirements include a visible on -site posting of notification of 24-hour contact for neighbors and all the community. The STR regulations include a "three strikes and you're out" standard. The regulations require annual permitting to verify that owners of STRs remain complaint with the regulations should they be adopted and include enforcement provisions for violations.

In preparing the STR regulations, staff collaborated closely with the City Attorney's office to draft the regulations and coordinated review of the draft regulations with the City Manager's office, Code Enforcement, Economic Development, Finance, Sheriff's Department, Fire, Building and Safety, and Planning. Most of the STR ordinances and regulations for the other communities in North San Diego County were read by staff and researched along with the preparation of this STR ordinance, particularly Carlsbad, Encinitas, and Solana Beach STR ordinances.

The proposed additional Chapter and code amendment would further improve the City's ability to preserve and protect existing residential neighborhoods and housing consistent with Goals and policies in the Housing Element and the Land Use and Community Identity (LUCI) Element of the General Plan, especially LUCI Goal 3 which states, "Preserve and protect existing residential neighborhoods from actions, activities, or land uses that may have an adverse impact upon the enjoyment of the residential living environment."
FISCAL IMPACT: With the existing 36 short-term rental businesses currently licensed in Vista, a total of $101,000.00 in Transient Occupancy Taxes were collected last year. Staff anticipates this amount would increase significantly with additional short-term rental business licenses being issued in the future.

Staff time will be required to review and approve STR permits and therefore, a fee to cover this is proposed. Staff used the current fully burdened rate for a senior planner and calculated the permit fee to be two hours of time spent, which is the anticipated average of time expected for processing a STR permit, resulting in a proposed flat fee of $168.22. This is the fee amount included in the proposed City Council Resolution, approving a filing and processing fee for applications to permit STRs.

EXHIBITS:

1. City Council Ordinance No. , adding Chapter 8.34 of the Vista Municipal Code and amending Chapter 18.02 of the Vista Development Code relating to short-term rentals.

2. Underline/Strikeout Proposed Ordinance

3. City Council Resolution No. 2024- , approving a filing and processing fee for applications to permit short-term rentals

4. Planning Commission Agenda Report May 7, 2024 on STRs (without attachments)

5. Consolidated minutes of City Council Item D.2 Short-term Rentals, March 14, 2023

6. GIS Map of Short-term Rentals and corresponding list

7. Public Comment letters and emails received
05/28/2024 PH 1 3 of 73

ORDINANCE NO. 2024-

AN ORDINANCE OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA, ADDING CHAPTER 8.34 OF THE VISTA MUNICIPAL CODE AND AMENDING CHAPTER 18.02 OF THE VISTA DEVELOPMENT

CODE RELATING TO SHORT-TERM RENTALS
The City Council of the City of Vista does ordain as follows:

SECTION 1. Findings. The City Council hereby finds and declares that:

A. This ordinance is enacted by the City Council pursuant to its authority under the Charter of the City of Vista and Article 11, Section 7 of the California Constitution.

B. The City intends to add Chapter 8.34 to the Vista Municipal Code and to amend Chapter 18.02 of the Vista Development Code to establish regulations, standards, and a permitting process governing the renting of short-term rentals in order to maintain the long-term housing stock in the City; ensure the collection and payment of Transient Occupancy Taxes (TOT); safeguard the residents of the City by ensuring that short-term rental activities do not threaten the character of residential neighborhoods; and ensuring that such short-term rental activities do not become a nuisance, or threaten the public health, safety or welfare of neighboring properties.

C. The proposed code amendments would regulate and create a permitting process for short-term rental operations to ensure compatibility with, and to safeguard the peace, safety and general welfare of, existing residential neighborhoods. Short-term rentals are dwelling units that are approved for development under separate provisions of the Vista Development Code, and transient occupancy is currently subject to the payment of Transient Occupancy Taxes (TOT) under Chapter 3.24 of the Vista Municipal Code. The proposed amendments constrain the operations of dwelling units that are otherwise approved and constructed in the City, and therefore are exempt pursuant to the California Environmental Quality Act (CEQA) Guidelines Section 15061(b)(3), the "Common Sense" exemption, because there is no possibility that the proposed amendments may have a significant effect on the environment.

D. On May 28, 2024, the City Council held a public hearing regarding the proposed amendments to the Vista Municipal Code and Vista Development Code. At said public hearing, staff reports, both written and oral were received in evidence and all persons desiring to speak on the proposed project were heard. At the conclusion of said hearing, after consideration of all evidence presented, the City Council reached a decision on the matter as set forth.

SECTION 2. Code Amendment.

A. Chapter 8.34, Short -Term Rental Permit, is added to the Vista Municipal Code to read as follows:

EXHIBIT 1
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ORDINANCE NO. 2024 -

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
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"Chapter 8.34
Short -Term Rental Permit
Sections:

8.34.010 Purpose— Findings and Determinations

8.34.020 Definitions

8.34.030 Short -Term Rentals Allowed

8.34.040 Authorized Agent

8.34.050 Short -Term Rental Permit Requirements

8.34.060 Short -Term Rental Application and Issuance

8.34.070 Short -Term Rental Operating Requirements

8.34.080 Violations and Enforcement

8.34.090 Denial, Suspension and Revocation
Section 8.34.010 Purpose — Findings and Determinations
The purpose of this chapter is to establish reasonable regulations for short-term rentals to safeguard the peace, safety and general welfare of neighborhoods within the City by minimizing negative secondary effects related to short-term rentals such as excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse. By reducing any adverse impacts of short-term rentals, these regulations also ensure compatibility with surrounding neighborhood uses.

This chapter is not intended to provide any owner of residential property with the right or privilege to violate any deed restrictions or private covenants, conditions and restrictions applicable to the owner's property that may prohibit the use of such owner's residential property as a short-term rental as defined in this chapter.

Section 8.34.020 Definitions
"Agent" means a person designated by the owner in writing to act on the owner's behalf with respect to owner's short-term rental and compliance with this chapter. "Bedroom" means a private room intended for or capable of being used for sleeping purposes, separated from other rooms by a door, curtain or other entry way, having at least one window and a closet, and is accessible to a bathroom without crossing into another bedroom.

Bedrooms exclude bathroom, kitchen, living room, and laundry areas. "Broker" means any person, including, but not limited to, on-line websites, on-line travel agencies, and on-line booking agents, that offers, lists, advertises, accepts reservations and/or collects whole or partial payment for a short-term rental. "Hosted unit" means a short-term rental where the owner remains and resides onsite or on a property immediately adjacent to the short-term rental property during the short-term rental period (except during daytime and/or working hours). "Non -hosted unit" means a short-term rental whereby the owner does not remain or reside on -site or on a property immediately adjacent to the short-term rental property during the short-term rental period.
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ORDINANCE NO. 2024 -

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
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"Owner" means an owner of record of the real property that contains the short-term rental, as provided for in the property deed.
"Short-term rental" is defined as the rental of any legally permitted dwelling unit or any portion of any legally permitted dwelling unit, including detached single-family residences, guesthouses, condominiums, duplexes, townhomes and multiple -family dwellings, for occupancy for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Short-term rentals exclude the following: any accessory dwelling unit permitted under Chapter 18.31 of the Development Code; any trailer coach as defined in Chapter 18.02 of the Development Code; and any oversized recreational vehicle as defined in Section 10.34.010.B of this Code.

Section 8.34.030 Short -Term Rentals Allowed
Short-term rentals that comply with all requirements of this chapter are allowed in zones and Specific Plans in the City that permit residential uses.

Section 8.34.040 Authorized Agent
A. An owner may in writing authorize an agent to comply with the requirements of this chapter on their behalf. The agent shall submit a copy of the authorization to the City during the permit and permit renewal application process.

B. Notwithstanding Subsection A above, the owner shall not be relieved from any personal liability for noncompliance with this chapter, regardless of whether such noncompliance was caused, allowed or permitted by the owner's agent or the occupants or guests of the owner's short-term rental.

Section 8.34.050 Short -Term Rental Permit Requirements Prior to renting or advertising the availability of a short-term rental, the owner or their agent shall obtain: (1) a business license pursuant to Chapter 5.04 of this Code; (2) a transient occupancy registration certificate pursuant to Chapter 3.24 of this Code; and (3) a short-term rental permit pursuant to this chapter.

Section 8.34.060 Short -Term Rental Permit Application and Issuance A. Contents of Permit Application. Owners or their agent shall submit a short-term rental permit application to the City for each short-term rental unit. The permit application shall be submitted on a City -approved form that requires the following information:

1. If applicable, owner's written authorization of agent(s).

2. Legal name, address and telephone number of all owner(s), agent(s), broker(s) for the short-term rental and the 24-hour, seven-day per week local contact person.

3. The address and assessor's parcel number of the property proposed to operate as a short-term rental.

4. The number of bedrooms within the short-term rental.

5. The number of existing on -site parking spaces designated for the exclusive use of the short-term rental.

6. Whether the short-term rental is a "hosted unit" or a "non -hosted unit".

7. The number of fire extinguishers and smoke and carbon monoxide alarms at the short-term rental property, and a self -certification of compliance with the Fire Code, subject to review and approval by the City's Fire Marshal. 3 98�1?g1�12�?v.4 z PH 1 6 of 73

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8. Copy of any application and all other forms that renters of the short-term rental will be required to complete.

9. Copy of the owner's rules and regulations for the short-term rental.

10. Signed statement acknowledging all of the following: (a) all of the information contained in the short-term rental permit application is true and correct; (b) all owner(s)/agent(s), and the designated local contact person, are familiar with the requirements of this chapter; (c) all owner(s)/agent(s), and the designated local contact person, are responsible for ensuring compliance with this chapter; and (d) failure to comply with this chapter and all applicable provisions of this Code may result in suspension and/or revocation of a short-term rental permit.

11. Such other standardized information as the City Manager, or designee, deems reasonably necessary to administer this chapter.

B. Application Signatories. All owners listed on the property deed are required to sign the short-term rental permit application. Signatures of non -corporeal owners, such as partnerships and corporations, shall be made by the entity's duly authorized agent(s) or such individual(s) otherwise permitted by law to sign on the entity's behalf.

C. Permit Fee. A short-term rental permit fee has been established by resolution of the City Council and shall be paid in conjunction with initial and renewal applications. The fee is nonrefundable.

D. Granting of Permit and Renewal. The City shall grant or renew a permit if the application meets the requirements of this section and there are no grounds for denial pursuant to section 8.34.090.B. All short-term rental permits are valid for one year and shall be renewed annually in coordination with business license renewals.

E. Change of Ownership. Permits only apply to the person(s) named on the application and are non -transferable. Within 14 calendar days of a material change in the property ownership or substitution of listed agent(s), a new application for a short-term rental permit shall be submitted with the required application fee.

F. Short-term rentals are subject to the provisions of Chapter 3.24 of this Code regarding the collection and remittance of Transient Occupancy Tax (TOT). Failure to comply with these provisions may result in revocation of a short-term rental permit pursuant to section

8.34.090.C. A broker that collects any revenue from arranging or listing a short-term rental location in the City has primary responsibility for collecting, paying and transmitting all TOT due to the City pursuant to Chapter 3.24 of this Code.

G. False Statements. Any false statements or information provided in the application are grounds for denial of a short-term rental permit pursuant to section 8.34.090.C, or if the permit has already been issued by the City, permit revocation or imposition of penalties.

H. Indemnification. By accepting a short-term rental permit, the permittee agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto.

Section 8.34.070 Short -Term Rental Operating Requirements The use and occupancy of short-term rentals shall comply with the following operating requirements. For purposes of this section, "responsible person" shall mean the owner(s) and agent(s) listed in the permit application for the short-term rental:

A. Public Nuisance Prohibited. The responsible person shall not cause, allow or permit the use or occupancy of the short-term rental to create a public nuisance, including, but not limited to, unruly gatherings or raucous noise. "Raucous noise" includes yelling, screaming, 2 98�1?g1�12�?v.4 z PH 1 7 of 73

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CITY COUNCIL OF THE CHARTERED CITY OF VISTA
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shouting, or making other disturbing noises, including noise violations as identified in Chapter

8.32 of this Code, which unreasonably interfere with the peace and quiet of nearby residents or members of the public. "Unruly gathering" includes, but is not limited to, gatherings of occupants and/or guests at a short-term rental that exceed the number permitted on the short-term rental permit and gatherings of occupants and/or guests engaging in disorderly conduct that disturbs the public peace. The responsible person shall immediately abate any public nuisances caused by the use or occupancy or the short-term rental.

B. Noise Violations Prohibited. The responsible person shall not cause, allow or permit the emission or transmission of any noise violation as identified in Chapter 8.32 of this Code at a short-term rental, including from any sound -making equipment or sound -amplifying device.

C. Permitted Occupancy. The responsible person shall limit overnight occupancy of the short-term rental to a specific number of occupants not to exceed two persons per bedroom or studio plus one additional person per dwelling unit.

D. Parking. The responsible person shall limit the number of vehicles at the short- term rental to the number of parking spaces designated in the short-term rental permit. All on - site parking spaces designated for occupant use in the permit shall be made available for the vehicles of occupants. Occupants shall avoid street parking and vehicles shall not impede access to sidewalks and adjoining neighboring properties or driveways. Vehicles shall not park in designated fire lanes. Parking of motor vehicles, trailers and recreational vehicles by occupants shall comply with Section 8.36.040.B.7 of this Code.

E. Trash and Refuse. Trash and refuse shall not be left or stored within public view except at a location that is designated for collection from sunset on the day prior to trash pick-up until up to midnight on the day designated for trash pick-up. All trash shall be in approved receptacles pursuant to Chapter 13.16 of this Code and comply with Section 8.36.040.B.4 and 5 of this Code.

F. Rental Agreements. Information on the permitted occupancy, parking capacity, and trash disposal requirements of the short-term rental, and the requirements of this chapter, shall be stated in the rental information and agreement provided to prospective renters, prior to their occupancy of the short-term rental. Renters shall agree in writing to follow the provisions of this chapter that apply to use and occupancy of a short-term rental.

G. Outdoor Fire Pits. No open wood -burning fire pits, bonfires or campfires are permitted at short-term rental properties. Natural gas/propane burning fireplaces and fire pits with 20-pound tanks or smaller are acceptable outside, provided the device is at least 10 feet away from structures and any flammable materials.

H. Grills and Barbeques. Grills and barbeques are not permitted beneath a potentially flammable source, including, but not limited to, trees, umbrellas, decks, or other appurtenant structures, and shall be at least 10 feet away from structures and any flammable materials. Charcoal grills of any type are strictly prohibited.

I. No Roof Access. The responsible person shall not cause, permit or allow occupants to have roof access to the short-term rental. This prohibition does not include permitted roof decks.

J. Life/Safety Compliance. The short-term rental property shall meet basic life/safety requirements under applicable laws such as the California Health & Safety Code and City -adopted building and fire codes. Minimum operating requirements include, but are not limited to, operable smoke and carbon monoxide alarms, fire extinguisher, and first aid kit.

K. Inspections. Regardless of the time of day, the responsible person shall permit the City to inspect the short-term rental and property in response to any complaint received by the City, for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter. 5 98�1?g1�12�?v.4 z PH 1 8 of 73

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L. No Subletting. The subletting of a short-term rental is prohibited. Only the person with a valid short-term rental permit issued by the City is permitted to advertise and rent out a property as a short-term rental.

M. Special Events and Temporary Uses Prohibited. Special events and temporary uses such as weddings, corporate events, commercial functions, and any other similar events that have the potential to cause traffic, parking, noise, or other adverse impacts in the neighborhood are prohibited at the short-term rental property or as a component of short-term rental activities.

N. No Commercial Filming. No commercial filming may occur at the short-term rental property concurrently with an active short-term rental permit.

O. Permitted Guest Hours. The designated short-term rental occupants may host guests at the short-term rental during the hours of 8:00 a.m. to 10:00 p.m. daily.

P. Advertisements. It is unlawful for any person or entity to advertise a short-term rental in the City without a valid and current permit issued by the City. All advertisements for a property operating with a valid short-term rental permit, including those advertisements posted on or by hosting platform sites, shall include the short-term rental permit number provided by the City, the maximum number of occupants permitted to stay in the unit, and the maximum number of vehicles permitted to be parked at the short-term rental.

Q. Minimum Night Stay. Non -hosted units shall have a minimum night stay of two consecutive nights. This provision does not apply to hosted units or to short-term rentals in multi -family residential dwellings.

R. Maximum Number of Short -Term Rentals. An owner is limited to operating a maximum of five short term rentals per City Council district in the City.

S. Interior Display of Short -Term Rental Permit. During the period of short-term rental operation, the responsible person shall affix a display on the inside of the main entry door of the short-term rental that includes: (1) the short-term rental permit that applies to the unit; (2) the maximum number of overnight occupants permitted to stay in the unit; (3) the maximum number of vehicles; and a (4) 24-hour, seven-day per week local phone number of the local contact person.

T. Exterior Complaint Phone Number Display. During the period of short-term rental operation, the responsible person shall affix a display on a front window of the short-term rental that includes: (1) a 24-hour, seven-day per week local phone number of a designated contact to take complaints regarding the unit; (2) the number of bedrooms; (3) maximum number of occupants permitted to stay in the unit; and (4) the maximum number of vehicles.

U. Response Requirements. The responsible person shall, upon notification that occupants or guests of their short-term rental have violated provisions of this chapter or other applicable federal, state or local laws, rules, or regulations, prevent a recurrence of such conduct by those occupants or guests and shall respond to the notification of violations as soon as practically possible, but within 1 hour at the latest. Failure to timely respond to complaints may result in enforcement pursuant to section 8.34.080.C.

V. Compliance with Laws. The responsible person shall comply with all applicable provisions of this Code, and all other federal, state, and local laws, rules, and regulations.

Section 8.34.080 Violations, Enforcement and Penalties
A. Any person violating any of the provisions of this chapter shall be subject to enforcement pursuant to Chapter 1.12 et. seq. of this Code and any other enforcement mechanism available to the City, including revocation of the short-term rental permit pursuant to section 8.34.090.C.
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B. Any short-term rental that is operating in violation of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation pursuant to Chapter 8.36 of this Code.

C. The following penalties apply to administrative citations issued for violations of this chapter:

1. For a first administrative citation, a fine not exceeding $500 per violation of each provision of this chapter.

2. For a second administrative citation within one year of the first citation, a fine not exceeding $1,000 per violation of each provision of this chapter.

3. For a third or subsequent administrative citation within one year of the first citation, a fine not exceeding $1,500 per violation of each provision of this chapter.

Section 8.34.090 Denial, Suspension and Revocation
A. Denial, Suspension or Revocation. In addition to any other remedy provided by this chapter, a short-term rental permit may be denied, suspended, or revoked by the City Manager, or designee, pursuant to this section.

B. Grounds for Denial or Suspension. A short-term rental permit may be denied or immediately suspended if any of the following grounds exist:

1. The application or renewal application for the short-term rental permit does not comply with all the requirements of section 8.34.060.

2. A material misrepresentation, false or misleading information was included on the application or renewal application for the short-term rental permit.

3. An authorized official has cited the short-term rental property for health or safety violation(s) and such violation(s) remain outstanding.

4. The use or occupancy of the short-term rental property has been cited by an authorized official for felony violation(s) and criminal prosecution is pending.

5. A delinquency in the payment of any outstanding fees, assessments or taxes owed to the City related to the short-term rental property, including, but not limited to, Transient Occupancy Taxes (TOT).

C. Revocation of Permit. If a third administrative citation is issued for violation(s) of this chapter at a short-term rental within a one-year period, the City shall revoke the short-term rental permit upon a determination that the violation(s) alleged in the third citation has occurred.

Notwithstanding the foregoing, the City shall immediately revoke the short-term rental permit upon final determination that a felony violation relating to the use or occupancy of the short-term rental property has occurred.

D. Appeal of Denial, Suspension or Revocation. Any denial, suspension or revocation of a short-term rental permit shall be made by the City in writing and is subject to the appeal procedures set forth in Section 5.04.210 of this Code.

E. Prohibited Operations. If a short-term rental permit is revoked pursuant to this section, a short-term rental shall not be operated at the property for a period of 12 months from the date of such revocation unless the property has been sold and the new owner can demonstrate to the City that a change of property ownership occurred during that time period." 7 98�1?g1�12�?v.4 z PH 1 10 of 73

ORDINANCE NO. 2024 -

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 8
B. Chapter 18.02 of the Vista Development Code is amended to read as follows:
"Chapter 18.02
Purpose, Interpretation and Definitions
Sections 18.02.005 through 18.02.323 (no changes)
Section 18.02.325 Guesthouse
"Guesthouse" shall mean living quarters within an accessory building for the sole use of the primary occupants of the premises or for temporary use by guests of the occupants of premises, which living quarters have no kitchen facilities and are not otherwise used as a separate dwelling. No guest house shall exceed 700 square feet in gross floor area. No guest house shall be more than one story in height. It may be located on the top of another single story accessory structure.

Sections 18.02.330 through 18.02.735 (no changes)"
SECTION 3. If any word, sentence, paragraph, or other portion of this ordinance is deemed to be invalid or unenforceable for any reason by a court of competent jurisdiction, the City Council declares its intent that all remaining words, sentences, paragraphs or portions of the ordinance not held to be invalid or unenforceable shall remain in full force and effect, and shall, be so construed, as if the original ordinance did not contain the invalid or unenforceable language.

SECTION 4. This Ordinance shall be effective on the thirty-first day following the date of its adoption. The City Clerk is authorized and directed to publish a copy in the manner provided by law.

INTRODUCED AND ADOPTED at a meeting of the City Council of the Chartered City of Vista held on May 28, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
By:

APPROVED
Walter C. Chung
20240520075919

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
By:
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Chapter 8.34
Short -Term Rental Permit
Sections:
8 34.010 Purpose — Findings and Determinations

8.34.020 Definitions

8.34.030 Short -Term Rentals Allowed

8.34.040 Authorized Agent
8 34.M Short -Term Rental Permit Requirements

8.34.060 Short -Term Rental Application and Issuance

8.34.070 Short -Term Rental Operating Requirements

8.34.080 Violations and Enforcement
8 34.M Denial. Suspension and Revocation
Section 8.34.010 Purpose — Findings and Determinations
The purpose of this chapter is to establish reasonable regulations for short-term rentals to safeguard the peace. safety and general welfare of neighborhoods within the Citv by minimizing negative secondary effects related to short-term rentals such as excessive noise. disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse. By reducing any adverse impacts of short-term rentals, these regulations also ensure compatibility with surrounding neighborhood uses.

EXHIBIT 2
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"Owner" means an owner of record of the real property that contains the short-term rental, as provided for in the property deed.
"Short-term rental" is defined as the rental of any legally permitted dwelling unit or any portion of any legally permitted dwelling unit, including detached single-family residences, uesthouses, condominiums, duplexes, townhomes and multiple -family dwellings, for occupancy for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Short-term rentals exclude the following: any accessory dwelling unit permitted under Chapter 18.31 of the Development Code:
any trailer coach as defined in Chapter 18.02 of the Development Code: and any oversized recreational vehicle as defined in Section 10.34.0103 of this Code.

Section 8.34.030 Short -Term Rentals Allowed
Short-term rentals that comply with all requirements of this chapter are allowed in zones and Specific Plans in the City that permit residential uses.

Section 8.34.050 Short -Term Rental Permit Requirements Prior to renting or advertising the availability of a short-term rental, the owner or their agent shall obtain: (1) a business license pursuant to Chapter 5.04 of this Code: (2) a transient occupancy registration certificate pursuant to Chapter 3.24 of this Code: and (3) a short-term rental permit pursuant to this chapter.

1. If applicable, owner's written authorization of aaent(s).

2. Legal name. address and telephone number of all owner(s), aaent(s). broker(s) for the short-term rental and the 24-hour, seven-day per week local contact person.

3. The address and assessor's parcel number of the property proposed to operate as a short-term rental.

4. The number of bedrooms within the short-term rental.

5. The number of existing on -site parking spaces designated for the exclusive use of the short-term rental.

6. Whether the short-term rental is a "hosted unit" or a "non -hosted unit".

7. The number of fire extinguishers and smoke and carbon monoxide alarms at the short-term rental property. and a self -certification of compliance with the Fire Code_ subject to review and approval by the City's Fire Marshal.

IMf2024 4 PH 1 13 of 73

8. Copy of any application and all other forms that renters of the short-term rental will be required to complete.

9. Copy of the owner's rules and regulations for the short-term rental.

10. Signed statement acknowledqinq all of the following: (al all of the information contained in the short-term rental permit application is true and correct: (b) all owners)/agent(s), and the designated local contact person. are familiar with the requirements of this chapter: (c) all owner(s)/agent(s), and the designated local contact person, are responsible for ensuring compliance with this chapter; and (d) failure to comply with this chapter and all applicable provisions of this Code may result in suspension and/or revocation of a short-term rental permit.

11. Such other standardized information as the City Manager, or designee, deems reasonably necessary to administer this chapter.

B. Application Signatories. All owners listed on the property deed are required to sign the short-term rental permit application. Signatures of non -corporeal owners, such as partnerships and corporations, shall be made by the entity's duly authorized agent(sl or such individual(s) otherwise permitted by law to sign on the entity's behalf.

C. Permit Fee. A short-term rental permit fee has been established by resolution of the City Council and shall be paid in conjunction with initial and renewal applications. The fee is nonrefundable.

8.34.090.C. A broker that collects any revenue from arranging or listing a short-term rental location in the City has primary responsibility for collecting__. paying and transmitting_ all TOT due to the City _pursuant to Chapter 3.24 of this Code.

G. False Statements. Any false statements or information provided in the application are grounds for denial of a short-term rental permit pursuant to section 8.34.090.C. or if the permit has already been issued by the City, permit revocation or imposition of penalties.

H. Indemnification. By accepting a short-term rental permit, the permittee agrees to defend. indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney_ fees related thereto.

Section 8.34.070 Short -Term Rental Operating Requirements The use and occupancy of short-term rentals shall comply with the following operating requirements. For purposes of this section. "responsible person" shall mean the owners) and agent(s) listed in the permit application for the short-term rental:

A. Public Nuisance Prohibited. The responsible person shall not cause, allow or permit the use or occupancy of the short-term rental to create a public nuisance, includingbut not limited to, unruly gatherings or raucous noise. "Raucous noise" includes yelling, screaming, houtina. or making other disturbing noises. including noise violations as identified in Chapter IMf2024 4 P H 1 14 of 73

C_ Permitted Occupancy. The responsible person shall limit overnight occupancy of the short-term rental to a specific number of occupants not to exceed two persons per bedroom or studio plus one additional person per dwelling unit.

F. Rental Agreements. Information on the permitted occupancy, parking capacity. and trash disposal requirements of the short-term rental, and the requirements of this chapter. shall be stated in the rental information and agreement provided to prospective renters. prior to their occupancy of the short-term rental. Renters shall agree in writing to follow the provisions of this chapter that apply to use and occupancy of a short-term rental.

G. Outdoor Fire Pits. No open wood -burning fire pits, bonfires or campfires are permitted at short-term rental properties. Natural gas/propane burning fireplaces and fire pits with 20-pound tanks or smaller are acceptable outside. provided the device is at least 10 feet away from structures and any flammable materials.

H. Grills and Barbecues. Grills and barbecues are not permitted beneath a potentially flammable source, includingbut not limited to, trees, umbrellas, decks, or other appurtenant structures, and shall be at least 10 feet away from structures and any flammable materials. Charcoal grills of any type are strictly prohibited.

I. No Roof Access. The responsible person shall not cause, permit or allow occupants to have roof access to the short-term rental. This prohibition does not include permitted roof decks.

K. Inspections. Regardless of the time of day, the responsible person shall permit the City to inspect the short-term rental and property in response to any complaint received by the City, for the purpose of making_ a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter.

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L. No Subletting. The subletting of a short-term rental is prohibited. Only the person with a valid short-term rental permit issued by the City is permitted to advertise and rent out a property as a short-term rental.

N. No Commercial Filming. No commercial filming may occur at the short-term rental property concurrently with an active short-term rental permit.

Q. Permitted Guest Hours. The designated short-term rental occupants may host guests at the short-term rental during the hours of 8:00 a.m. to 10:00 p.m. daily.

R. Maximum Number of Short -Term Rentals. An owner is limited to operating a maximum of five short term rentals per City Council district in the City.

S. Interior Display of Short -Term Rental Permit. During the period of short-term rental operation, the responsible person shall affix a display on the inside of the main entry door of the short-term rental that includes: (1) the short-term rental permit that applies to the unit: (2) the maximum number of overnight occupants permitted to stay in the unit: (3) the maximum number of vehicles: and a (4) 24-hour, seven-day per week local phone number of the local contact person.

T. Exterior Complaint Phone Number Display. During the period of short-term rental operation, the responsible person shall affix a display on a front window of the short-term rental that includes: (1) a 24-hour, seven-day per week local phone number of a designated contact to take complaints regarding the unit: (2) the number of bedrooms: (3) maximum number of occupants permitted to stay in the unit: and (4) the maximum number of vehicles.

U. The Response Requirements. The responsible person shall, upon notification that occupants or guests of their short-term rental have violated provisions of this chapter or other applicable federal, state or local laws, rules, or regulations. prevent a recurrence of such conduct by those occupants or guests and shall respond to the notification of violations as soon as practically possible, but within 1 hour at the latest. Failure to timely respond to complaints may result in enforcement _pursuant to section 8.34.080.C.

V. Compliance with Laws. The responsible person shall comply with all applicable provisions of this Code, and all other federal, state, and local laws, rules, and regulations.

Section 8.34.080 Violations, Enforcement and Penalties
A. Any person violating any of the _provisions of this chapter shall be subject to enforcement pursuant to Chapter 1.12 et. seg. of this Code and any other enforcement mechanism available to the City, including revocation of the short-term rental permit pursuant to section 8.34.090.C.

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B. Any short-term rental that is operating in violation of this chapter is hereby declared to constitute a public nuisance and, as such, may be abated or enjoined from further operation pursuant to Chapter 8.36 of this Code.

C. The following penalties apply to administrative citations issued for violations of this chapter:

1. For a first administrative citation, a fine not exceeding $500 per violation of each provision of this chapter.

2. For a second administrative citation within one year of the first citation, a fine not exceeding $1.000 per violation of each provision of this chapter.

3. For a third or subsequent administrative citation within one year of the first citation, a fine not exceeding $1,500 per violation of each provision of this chapter.

Section 8.34.090 Denial, Suspension and Revocation
A. Denial. Suspension or Revocation. In addition to any other remedy provided by this chapter, a short-term rental permit may be denied, suspended, or revoked by the Citv Manager, or designee, pursuant to this section.

B. Grounds for Denial or Suspension. A short-term rental permit may be denied or immediately suspended if any of the following grounds exist:

1. The application or renewal application for the short-term rental permit does not comply with all the requirements of section 8.34.060.

2. A material misrepresentation, false or misleading information was included on the application or renewal application for the short-term rental permit.

3. An authorized official has cited the short-term rental property for health or safety violation(s) and such violation(s) remain outstanding.

4. The use or occupancy of the short-term rental property has been cited by an authorized official for felony violation(s) and criminal prosecution is pending.

5. A delinquency in the payment of any outstanding fees. assessments or taxes owed to the City related to the short-term rental property, including, but not limited to.

Transient Occupancy Taxes (TOT).

C. Revocation of Permit. If a third administrative citation is issued for violations) of this chapter at a short-term rental within a one-year period. the City shall revoke the short-term rental permit upon a determination that the violation(s) alleged in the third citation has occurred.

Notwithstanding the foregoing. the City shall immediately revoke the short-term rental permit upon final determination that a felony violation relating to the use or occupancy of the short-term rental property has occurred.

D. Appeal of Denial. Suspension or Revocation. Any denial, suspension or revocation of a short-term rental permit shall be made by the City in writing and is subject to the appeal procedures set forth in Section 5.04.210 of this Code.

E. Prohibited Operations. If a short-term rental permit is revoked pursuant to this section. a short-term rental shall not be operated at the property for a period of 12 months from the date of such revocation unless the property has been sold and the new owner can demonstrate to the City that a change of property ownership occurred during that time period.

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Chapter 18.02
Purpose, Interpretation and Definitions
Sections 18.02.005 through 18.02.323 (no changes)
Section 18.02.325 Guesthouse
"Guesthouse" shall mean living quarters within an accessory building for the sole use of the primary occupants of the premises or for temporary use by guests of the occupants of premises, which living quarters have no kitchen facilities and are not rented G otherwise used as a separate dwelling. No guest house shall exceed 700 square feet in gross floor area. No guest house shall be more than one story in height. It may be located on the top of another single story accessory structure.

Sections 18.02.330 through 18.02.735 (no changes)
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RESOLUTION NO. 2024-

A RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF

VISTA, CALIFORNIA, APPROVING A FILING AND PROCESSING FEE FOR

APPLICATIONS TO PERMIT SHORT-TERM RENTALS
The City Council the City of Vista does resolve as follows:

1. Findings. The City Council hereby finds and declares the following:

A. The City Council, pursuant to Vista Municipal Code ("VMC"), may establish filing and processing fees for applications to permit short-term rentals authorized by the VMC ("Application Fees").

B. A fee study has been prepared to determine the amount required to reimburse the City for its costs in processing applications to permit short-term rentals, and that amount is as set forth in Section 2.A of this Resolution. The City Council wishes to establish an Application Fee in that amount.

C. As required by VMC Chapter 2.68 and applicable law, notice has been provided of the City's intention to set the Application Fee, and a public hearing has been conducted before the City Council to approve the fee.

2. Action.

A. The City Council establishes and ratifies the following Application Fee:

Fee Name Amount
Short-term Rental Permit $168.00
B. The Application Fee shall be paid concurrently with the submission of the application for a Short-term Rental Permit. All other planning, zoning, building, fire, inspection, and other fees continue to be applicable to a short-term rental project.

C. This resolution shall become effective forthwith.
[Continued on page 2.]
EXHIBIT 3
05/28/2024 PH1 19 of 73

RESOLUTION NO. 2024-

CITY COUNCIL OF THE CHARTERED CITY OF VISTA
PAGE 2

3. Adoption. PASSED AND ADOPTED at a meeting of the City Council held on May 28, 2024, by the following vote:

AYES:

NOES:

ABSTAIN:

APPROVED AS TO FORM:

WALTER CHUNG, CITY ATTORNEY
Is

APPROVED
Walter C. Chung
20240520075740

JOHN FRANKLIN, MAYOR
ATTEST:

KATHY VALDEZ, CITY CLERK
0 RESO P24 0079 CC RESO FEE STR 5 28 2024.docx
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PLANNING COMMISSION

STAFF REPORT

PUBLIC HEARING
May 7, 2024
P24-0079
REQUEST: Add Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, and amend Vista Development Code Chapter 18.02, to regulate and create a permitting process for Short-term Rentals
APPLICANT: City of Vista
RECOMMENDATION: Adopt Resolution 2024 - , recommending City Council approval of an ordinance to add Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, and amend Vista Development Code Chapter 18.02 Relating to Short-term Rentals
I. BACKGROUND:

Short-term Rentals, (STRs), have become more prevalent in Vista over the past recent years and have become an additional source and contributor to economic development and also need to be regulated to safeguard the peace, safety and general welfare of, existing residential neighborhoods.

There are currently 36 STRs in Vista that have business licenses and are completing payment of Transient Occupancy Taxes (TOT), (a GIS map showing these STRs is attached). Of the 36 STRs that have an active business license in Vista, the GIS map and legend shows the locations, and numbers of STRs per district, as follows:
➢ District 1 has 4 STIRS
➢ District 2 has 18 STRs
➢ District 3 has 8 STRs
➢ District 4 has 6 STRs
On March 14, 2023, City Councilmember Melendez placed Short-term Rentals on the agenda for City Council discussion and introduced the item. There were 15 public speakers that voiced opinions in favor of establishing regulations for permitting STRs. Then City Council and staff discussed establishing a simple permit process for STRs and a variety of items to be considered when establishing the permit process, (the minutes are attached). The City Council determined that an ordinance should be prepared for consideration to regulate and permit STRs and directed staff to proceed with necessary amendments to the Municipal Code and Development Code.

PROJECT DESCRIPTION:

The proposed project adds Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, to regulate and create a permitting process for Short-term Rentals and amends Vista Development Code Chapter 18.02 Purpose, Interpretation and Definitions to amend the definition of Guesthouse. In summary, the proposed ordinance would generally permit STRs in single-family homes, condominiums and townhomes, legally permitted guesthouses, and multi -family EXHIBIT 4
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residential units but not in Accessory Dwelling Units, trailer coaches, or recreational vehicles.

STRs must comply with application/permitting requirements, including payment of TOT (Section

8.34.60), and adhere to operating requirements (Section 8.34.070). Failure to comply with requirements of Chapter 8.34 can result in City enforcement (Section 8.43.080).

The proposed ordinance will amend the proposed Municipal Code Chapter 8.34, as follows:

Section 8.34.010 Purpose — Findings and Determinations
This first Section provides that the purpose of this chapter is to establish reasonable regulations for short-term rentals to safeguard the peace, safety and general welfare of neighborhoods within the City by minimizing negative secondary effects related to short-term rentals such as excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of refuse. By reducing any adverse impacts of short-term rentals, these regulations also ensure compatibility with surrounding neighborhood uses.

Section 8.34.020 Definitions
This Section provides definitions for "Agent", "Bedroom", "Broker", "Hosted unit", "Non -hosted unit", and "Owner". The last definition, "Short-term rental": is defined as the rental of any legally permitted dwelling unit or any portion of any legally permitted dwelling unit, including detached single-family residences, guesthouses, condominiums, duplexes, townhomes and multiple - family dwellings, for occupancy for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days. Short-term rentals exclude the following: any accessory dwelling unit permitted under Chapter 18.31 of the Development Code; any trailer coach as defined in Chapter 18.02 of the Development Code; and any oversized recreational vehicle as defined in Section 10.34.0103 of this Code.

Section 8.34.030 Short -Term Rentals Allowed
This Section provides that Short-term rentals that comply with all requirements of this chapter are allowed in zones and Specific Plans in the City that permit residential uses.

Section 8.34.040 Authorized Agent
This Section provides that the owner may in writing authorize an agent to comply with the requirements of this chapter on their behalf. The agent shall submit a copy of the authorization to the City during the permit and permit renewal application process. Furthermore, the owner shall not be relieved from any personal liability for noncompliance with this chapter, regardless of whether such noncompliance was caused, allowed or permitted by the owner's agent or the occupants or guests of the owner's short-term rental.

Section 8.34.050 Short -Term Rental Permit Requirements This Section requires that prior to renting or advertising the availability of a short-term rental, the owner or their agent shall obtain: (1) a business license pursuant to Chapter 5.04 of this Code; (2) a transient occupancy registration certificate pursuant to Chapter 3.24 of this Code; and (3) a short-term rental permit pursuant to this chapter.

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This Section outlines the required contents of Permit Application. Owners or their agent shall submit a short-term rental permit application to the City for each short-term rental unit. The permit application shall be submitted on a City -approved form that requires the following information:

1. If applicable, owner's written authorization of agent(s).

2. Legal name, address and telephone number of all owner(s), agent(s), broker(s) for the short-term rental and the 24-hour, seven-day per week local contact person.

3. The address and assessor's parcel number of the property proposed to operate as a short-term rental.

4. The number of bedrooms within the short-term rental.

5. The number of existing on -site parking spaces designated for the exclusive use of the short-term rental.

6. Whether the short-term rental is a "hosted unit" or a "non -hosted unit".

8. Copy of any application and all other forms that renters of the short-term rental will be required to complete.

9. Copy of the owner's rules and regulations for the short-term rental.

11. Such other standardized information as the City Manager, or designee, deems reasonably necessary to administer this chapter.

Application Signatories. All owners listed on the property deed are required to sign the STIR permit application. Signatures of non -corporeal owners, such as partnerships and corporations, shall be made by the entity's duly authorized agent(s) or such individual(s) otherwise permitted by law to sign on the entity's behalf.

Permit Fee. A STIR permit fee will be established by resolution of the City Council and shall be paid in conjunction with initial and renewal applications. The fee is nonrefundable.

Granting of Permit and Renewal. The City shall grant or renew a permit if the application meets the requirements and there are no grounds for denial. All STIR permits are valid for one year and shall be renewed annually in coordination with business license renewals.

Change of Ownership. Permits only apply to the person(s) named on the application and are non -transferable. Within 14 calendar days of a material change in the property ownership or substitution of listed agent(s), a new application for a STIR permit shall be submitted with the required application fee.

Transient Occupancy Tax (TOT). STRs are subject to the provisions of Chapter 3.24 of the Code regarding the collection and remittance of Transient Occupancy Tax (TOT). Failure to comply may result in revocation of a short-term rental permit. A broker that collects any revenue 3 4895-0470-8793, v. 1
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from arranging or listing a STR location in the City has primary responsibility for collecting, paying and transmitting all TOT due to the City pursuant to Chapter 3.24 of this Code.

False Statements. Any false statements or information provided in the application are grounds for denial of a STR permit, or if the permit has already been issued by the City, permit revocation or imposition of penalties.

Indemnification. By accepting a STR permit, the permittee agrees to defend, indemnify and hold harmless the City, its officers, employees and agents from any and all liability arising out of the actions permitted by such permit, and agrees to pay on behalf of the City all claims, damages, judgments, legal and court costs, adjuster fees and attorney fees related thereto.

Section 8.34.070 Short -Term Rental Operating Requirements This Section outlines the operating requirements for the use and occupancy of STRs. For purposes of this section, "responsible person" shall mean the owner(s) and agent(s) listed in the permit application for the short-term rental, and shall comply with the operating requirements, as follows:

Public Nuisance Prohibited. The responsible person shall not cause, allow or permit the use or occupancy of the STR to create a public nuisance, including, but not limited to, unruly gatherings or raucous noise. "Raucous noise" includes yelling, screaming, shouting, or making other disturbing noises, including noise violations as identified in the City's Noise Ordinance:

Chapter 8.32 of the Municipal Code, which unreasonably interfere with the peace and quiet of nearby residents or members of the public. "Unruly gathering" includes, but is not limited to, gatherings of occupants and/or guests at a short-term rental that exceed the number permitted on the short-term rental permit and gatherings of occupants and/or guests engaging in disorderly conduct that disturbs the public peace. The responsible person shall immediately abate any public nuisances caused by the use or occupancy or the short-term rental. • This Section requires that the responsible person not cause a public nuisance.

Noise Violations Prohibited. The responsible person shall not cause, allow or permit the emission or transmission of any noise violation as identified in Chapter 8.32 of the Code at a STR, including from any sound -making equipment or sound -amplifying device. • This Section requires that the responsible person not cause noise ordinance violations.

Permitted Occupancy. The responsible person shall limit overnight occupancy of the STR to a specific number of occupants not to exceed two persons per bedroom or studio plus one additional person per dwelling unit.
• This Section requires that the responsible person I limit the number of occupants based on the bedroom count and size of the STR, as approved under the STR permit.

Parking. The responsible person shall limit the number of vehicles at the STR to the number of parking spaces designated in the STR permit. All on -site parking spaces designated for occupant use in the permit shall be made available for the vehicles of occupants. Occupants shall avoid street parking and vehicles shall not impede access to sidewalks and adjoining neighboring properties or driveways. Vehicles shall not park in designated fire lanes. Parking of motor vehicles, trailers and recreational vehicles by occupants shall comply with Code requirements.
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• This Section requires that the responsible person not exceed parking of vehicles beyond the number as approved under the STR permit.

Trash and Refuse. Trash and refuse shall not be left or stored within public view except at a location that is designated for collection from sunset on the day prior to trash pick-up until up to midnight on the day designated for trash pick-up. All trash shall be in approved receptacles. • This Section requires compliance with trash and refuse requirements as approved under the STR permit and in compliance with the code.

Rental Agreements. Information on the permitted occupancy, parking capacity, and trash disposal requirements of the short-term rental, and the requirements of this chapter, shall be stated in the rental information and agreement provided to prospective renters, prior to their occupancy of the short-term rental. Renters shall agree in writing to follow the provisions of this chapter that apply to use and occupancy of a short-term rental. • This Section requires that the responsible person provide an agreement to renters outlining compliance with the requirements of this Chapter and the approved STR permit.

Outdoor Fire Pits. No open wood -burning fire pits, bonfires or campfires are permitted at short- term rental properties. Natural gas/propane burning fireplaces and fire pits with 20-pound tanks or smaller are acceptable outside, provided the device is at least 10 feet away from structures and any flammable materials.
• This Section requires compliance with the open burning fire pit requirements of this Chapter and the approved STR permit.

Grills and Barbeques. Grills and barbeques are not permitted beneath a potentially flammable source, including, but not limited to, trees, umbrellas, decks, or other appurtenant structures, and shall be at least 10 feet away from structures and any flammable materials. Charcoal grills of any type are strictly prohibited.
• This Section requires compliance with the barbequing requirements of this Chapter.

No Roof Access. The responsible person shall not cause, permit or allow occupants to have roof access to the short-term rental. This prohibition does not include permitted roof decks. • This Section requires that the responsible person not allow roof access for occupants.

Life/Safety Compliance. The short-term rental property shall meet basic life/safety requirements under applicable laws such as the California Health & Safety Code and City -adopted building and fire codes. Minimum operating requirements include, but are not limited to, operable smoke and carbon monoxide alarms, fire extinguisher, and first aid kit. • This Section requires that the responsible person ensure that the STR provides operable smoke and carbon monoxide alarms, fire extinguisher, and first aid kit as approved in the STR permit.

Inspections. Regardless of the time of day, the responsible person shall permit the City to inspect the short-term rental and property in response to any complaint received by the City, for the purpose of making a reasonable inspection to observe and enforce compliance with all applicable laws, rules and regulations, including the provisions of this chapter. • This Section requires that the responsible person allow City inspections of the STR to enforce compliance with this Chapter and the approved STR permit. 5 4895-0470-8793, v. 1
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No Subletting. The subletting of a short-term rental is prohibited. Only the person with a valid short-term rental permit issued by the City is permitted to advertise and rent out a property as a short-term rental.
• This Section prohibits anyone from subletting a STIR.

Special Events and Temporary Uses Prohibited. Special events and temporary uses such as weddings, corporate events, commercial functions, and any other similar events that have the potential to cause traffic, parking, noise, or other adverse impacts in the neighborhood are prohibited at the short-term rental property or as a component of short-term rental activities. • This Section prohibits special events or temporary uses at a STIR.

No Commercial Filming. No commercial filming may occur at the short-term rental property concurrently with an active short-term rental permit.
• This Section prohibits commercial filming at a STIR.

Permitted Guest Hours. The designated short-term rental occupants may host guests at the short-term rental during the hours of 8:00 a.m. to 10:00 p.m. daily. • This Section provides the timing that STIR occupants may host guests.

Advertisements. It is unlawful for any person or entity to advertise a short-term rental in the City without a valid and current permit issued by the City. All advertisements for a property operating with a valid short-term rental permit, including those advertisements posted on or by hosting platform sites, shall include the short-term rental permit number provided by the City, the maximum number of occupants permitted to stay in the unit, and the maximum number of vehicles permitted to be parked at the short-term rental. • This Section provides that advertisements of an STIR are not allowed unless an STIR permit has already been reviewed and approved, and information in advertisements must conform to the approved STIR permit.

Minimum Night Stay. Non -hosted units shall have a minimum night stay of two consecutive nights. This provision does not apply to hosted units or to short-term rentals in multi -family residential dwellings.
• This Section provides that "non -hosted" units may not be rented for one night and this is intended to avoid one-night rentals solely for parties.

Maximum Number of Short -Term Rentals. An owner is limited to operating a maximum of five short-term rentals per City Council district in the City. • This Section provides that the owner of STRs shall not operate more than five short-term rental units in each City Council district. This limitation requirement is intended to ensure that residential units continue to be made available for longer term housing and also guards against a multi -family residential or apartment development from being wholly converted to a hotel type project of all STRs.

Interior Display of Short -Term Rental Permit. During the period of short-term rental operation, the responsible person shall affix a display on the inside of the main entry door of the short-term rental that includes: (1) the short-term rental permit that applies to the unit; (2) the maximum number of overnight occupants permitted to stay in the unit; (3) the maximum number of vehicles; and a (4) 24-hour, seven-day per week local phone number of the local contact person.
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• This Section requires that the responsible person provide certain SRT information in an on -site interior display.

Exterior Complaint Phone Number Display. During the period of short-term rental operation, the responsible person shall affix a display on a front window of the short-term rental that includes:
(1) a 24-hour, seven-day per week local phone number of a designated contact to take complaints regarding the unit; (2) the number of bedrooms; (3) maximum number of occupants permitted to stay in the unit; and (4) the maximum number of vehicles. • This Section requires that the responsible person provide an exterior facing on -site window display of certain SRT information, including the local phone number of designated contact person so it is accessible to neighbors.

Response Requirements. The responsible person shall, upon notification that occupants or guests of their short-term rental have violated provisions of this chapter or other applicable federal, state or local laws, rules, or regulations, prevent a recurrence of such conduct by those occupants or guests and shall respond to the notification of violations as soon as practically possible, but within 24 hours at the latest. Failure to timely respond to complaints may result in enforcement.
• This Section requires that the responsible person respond to any notification that their occupants or guests have violated rules applicable to the STR as soon as practically possible, but within 24 hours at the latest.

Compliance with Laws. The responsible person shall comply with all applicable provisions of this Code, and all other federal, state, and local laws, rules, and regulations. • This is the last requirement of the Short -Term Rental Operating Requirements, and it requires that the responsible person comply with all the requirements of all applicable laws.

Section 8.34.080 Violations, Enforcement and Penalties
This Section outlines the City's enforcement options if there are violations of this Chapter, as follows:

A. Any person violating any of the provisions of this chapter shall be subject to enforcement pursuant to Chapter 1.12 et. seq. of this Code and any other enforcement mechanism available to the City, including revocation of the short-term rental permit pursuant to section 8.34.090.C.

C. The following penalties apply to administrative citations issued for violations of this chapter:

1. For a first administrative citation, a fine not exceeding $500 per violation of each provision of this chapter.

2. For a second administrative citation within one year of the first citation, a fine not exceeding $1,000 per violation of each provision of this chapter.

3. For a third or subsequent administrative citation within one year of the first citation, a fine not exceeding $1,500 per violation of each provision of this chapter.
7 4895-0470-8793, v. 1
05/28/2024 PH 1 27 of 73

• This Section provides that administrative citations may be issued for violations, starting at $500 per violation with increases for subsequent administrative citations upwards of $1,500 for third and/or subsequent violations.

Section 8.34.090 Denial, Suspension and Revocation
This Section outlines the circumstances that may result in denial, suspension and/or revocation of a STR permit. Essentially, this Section includes a "3 Strike" system which would ultimately lead to revocation of a STR Permit if there are three administrative citations issued for violations of this chapter at a STR within a one-year period. Furthermore, this Section provides that the City shall immediately revoke the STR permit upon a final determination that a felony violation relating to the use or occupancy of the STR property has occurred.

Denial, Suspension or Revocation. In addition to any other remedy provided by this chapter, a short-term rental permit may be denied, suspended, or revoked by the City Manager, or designee, pursuant to this section.

Grounds for Denial or Suspension. A short-term rental permit may be denied or immediately suspended if any of the following grounds exist:

1. The application or renewal application for the short-term rental permit does not comply with all the requirements of section 8.34.060.

2. A material misrepresentation, false or misleading information was included on the application or renewal application for the short-term rental permit.

3. An authorized official has cited the short-term rental property for health or safety violation(s) and such violation(s) remain outstanding.

4. The use or occupancy of the short-term rental property has been cited by an authorized official for felony violation(s) and criminal prosecution is pending.

Revocation of Permit. If a third administrative citation is issued for violation(s) of this chapter at a STR within a one-year period, the City shall revoke the short-term rental permit upon a determination that the violation(s) alleged in the third citation has occurred. Notwithstanding the foregoing, the City shall immediately revoke the short-term rental permit upon final determination that a felony violation relating to the use or occupancy of the short-term rental property has occurred.
• This Section provides that the approved STR permit will be revoked following the issuance of three administrative citations for violations of this Chapter at a STR within a one-year period. Also, the City shall immediately revoke the STR permit upon final determination that a felony violation relating to the use or occupancy of the STR property has occurred.

Appeal of Denial, Suspension or Revocation. Any denial, suspension or revocation of a STR permit shall be made by the City in writing and is subject to the appeal procedures set forth in Section 5.04.210 of the Code.

Prohibited Operations. If a STR permit is revoked pursuant to this section, a STR shall not be operated at the property for a period of 12 months from the date of such revocation unless the 4895-0470-8793, v. 1
05/28/2024 PH 1 28 of 73

property has been sold and the new owner can demonstrate to the City that a change of property ownership occurred during that time period.
• This Section provides that if an approved STIR permit is revoked, a STIR shall not be operated at the property for a period of 12 months from revocation unless there has been a change in ownership.

This concludes the proposed additions of this Chapter and its Sections.

Next, Chapter 18.02 of the Vista Development Code, Purpose, Interpretation and Definitions, is amended for the definition of "Guesthouse" as follows:

Section 18.02.325 Guesthouse
"Guesthouse" shall mean living quarters within an accessory building for the sole use of the primary occupants of the premises or for temporary use by guests of the occupants of premises, which living quarters have no kitchen facilities and are not re^+, �E otherwise used as a separate dwelling. No guest house shall exceed 700 square feet in gross floor area. No guest house shall be more than one story in height. It may be located on the top of another single story accessory structure.
• This definition is being updated so that legally permitted guesthouses can be rented as STRs in compliance of the STIR Chapter 8.34 regulations and with an approved STIR permit.

There are no other changes proposed to this Chapter.

II. ANALYSIS:

The proposed Chapter 8.34 has been prepared at the direction of the City Council to establish reasonable and straightforward regulations for permitting STRs while ensuring compatibility with existing neighborhoods. The ordinance establishes a permitting process for STRs. It also clearly outlines operational requirements to address concerns raised regarding STRs and possibility for overcrowding, excessive noise and trash, inadequate parking, and one-night rentals in single-family neighborhoods for a "party night". The ordinance also limits the number of STRs in each district to 5 per property owner in order to preserve existing housing units for longer term occupancy and to limit the number of multi -family residential units being used as STRs in one building or on one site. Staff believes that 5 STRs per owner per district is reasonable, particularly considering the number of current legally permitted STRs that pay TOT, and allows an owner to operate multiple STRs Citywide but reduces proliferation of STRs in apartment or rental buildings under one ownership. The STIR regulations for hosted units do not require a minimum number of night -stays since the host is on -site, nor is there a minimum night - stay required for STRs in multi -family residential units, including those in mixed -use projects, because rarely are apartment units rented for one night large group parties. The STIR regulations highlight the requirement for payment and collection of TOT. The STIR requirements include a visible on -site posting of notification of 24 hour contact for neighbors and all the community to see. The STIR regulations include a "3-Strikes" and you're out standard. The regulations require annual permitting to verify that owners of STRs remain complaint with the regulations should they be adopted.

In preparing the STIR regulations, Staff collaborated closely with the City Attorney to draft the regulations and coordinated review of the draft regulations with City Managers office staff, Code �7
4895-0470-8793, v. 1
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Enforcement, Economic Development, Finance, Police, Fire, Building and Safety and Planning Staff. Most of the STR ordinances and regulations for the other communities in North San Diego County were read by staff and researched along with the preparation of this STR ordinance, most particularly, Carlsbad, Encinitas and Solana Beach STR ordinances.

The proposed additional Chapter and code amendment would further improve the City's ability to preserve and protect existing residential neighborhoods and housing consistent with Goals and policies in the Housing Element and the Land Use and Community Identity (LUCI) Element of the General Plan.
• Especially, LUCI Goal 3 which states: "Preserve and protect existing residential neighborhoods from actions, activities, or land uses that may have an adverse impact upon the enjoyment of the residential living environment." Staff attached comment letters and emails received by members of the public on this topic.

The Planning Commission acts in an advisory capacity to the City Council regarding additions and amendments to the Municipal and Development Code. Therefore, the Planning Commission must make a recommendation to the City Council on the proposed addition to Vista Municipal Code of Chapter 8.34, Short -Term Rental Permit, and amendment to Vista Development Code Chapter 18.02, Purpose, Interpretation and Definitions to regulate and create a permitting process for Short-term Rentals.

III. CONCLUSIONS AND REASONS FOR RECOMMENDATION:

Staff is requesting that the Planning Commission recommend City Council approval of an ordinance to add Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, and amend Vista Development Code Chapter 18.02, Purpose, Interpretation and Definitions to regulate and create a permitting process for Short-term Rentals.

Respectfully submitted,
Joe Vacca
Community Development Director
EXHIBITS:

1. Planning Commission Resolution 2024- , recommending City Council approval of an ordinance to add Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, and amend Vista Development Code Chapter 18.02 Relating to Short -Term Rentals, with Exhibit A A. Draft City Council Ordinance to add Vista Municipal Code Chapter 8.34, Short -Term Rental Permit, and amend Vista Development Code Chapter 18.02 Relating to Short- term Rentals

2. Proposed Ordinance Strikeout

3. Consolidated minutes of City Council Item D.2 Short-term Rentals, March 14, 2023

4. GIS Map of Short-term Rentals and corresponding list.

5. Public Comment letters and emails received
10 4895-0470-8793, v. 1
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CONSOLIDATED MINUTES
MARCH 14, 2023

MOTION BY CONTRERAS, SECOND BY GREEN, TO CLOSE THE PUBLIC HEARING AND ADOPTED CITY COUNCIL RESOLUTION No. 2023-34, ENTITLED "A

RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA,

CALIFORNIA, APPROVING AN AMENDMENT TO THE TRANSNET LOCAL STREET IMPROVEMENT PROGRAM OF PROJECTS FOR FISCAL YEARS 2023 THROUGH 2027"; AND ADOPTED CITY COUNCIL RESOLUTION NO. 2023-35, ENTITLED "A

RESOLUTION OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA,

CALIFORNIA, AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2022/23 AND 2023/24."
MOTION CARRIED 5-0

DISCUSSION
D1. ORAL COMMUNICATIONS ON THE CITY COUNCIL AGENDA (CC) Councilmember Melendez introduced the item.

Erica Leary, Vista Community Clinic, voiced her opinion in favor of revising Oral Communication times.

City Council Members and staff discussed the following:
• Establish a short period for Oral Communication at the beginning of the meeting and then another Oral Communication time at the end of the meeting for anyone that has not yet spoken • Limit the number of speakers to 10 for the first portion of Oral Communication • Place the first portion of Oral Communication after the Consent Calendar • Whether or not to limit the amount of time per speaker if a lot of requests to speak are submitted • Whether or not to allow a speaker to give their time to another speaker

DISCUSSED THE ORDER OF BUSINESS FOR REGULAR CITY COUNCIL MEETINGS

AND DIRECTED STAFF TO DRAFT A RESOLUTION TO ALLOW FOR TEN SPEAKERS

FOR ORAL COMMUNICATION AFTER THE CONSENT CALENDAR IN ADDITION TO

PROVIDING AN OPPORTUNITY FOR ORAL COMMUNICATION AT THE END OF THE MEETING.

VOTE: NO VOTE
D2. SHORT TERM RENTALS (CC)
Councilmember Melendez introduced the item.

The following members of the public voiced their opinions in favor of establishing regulations:

San Gordon Omar Aakel Alexandra Martin Kimberly Jackson Jessica Solano Juan Alvarez Kyme Dang Jonathan Love
Heidi Ventura Mark Pejcha Lee Thatcher Ali Pieper
Jace Pilas Emily Vacarro Mo
City Council Members and staff discussed the following:
• Establish a simple permit process
• Consider the following when establishing the permit process:
o Limit the number of short-term rentals one person can have and/or that can be in any one district or in the City
o Different regulations for different types of buildings, owner occupied properties, and/or based on frequency of rentals
o How to address noise
o Establish a penalty scheduled; three strikes and the permit is revoked EXHIB4T 5
05/28/2024 PH 1 31 of 73

CONSOLIDATED MINUTES
MARCH 14, 2023
o Parking requirements
o Minimum stay requirements
0 24-hour contact to be provided
o Noticing of neighbors
Transient Occupancy Tax (TOT) is not being collected on unregistered rentals Whether a prohibition on smoking should be included (City Attorney Walter Chung stated it is unlikely that it could be included; not all Council members were in support of the idea)

DISCUSS ESTABLISHING SHORT-TERM RENTAL RULES AND PROVIDED

DIRECTION TO STAFF
VOTE: NO VOTE
D3. FISCAL YEAR 2022/23 SECOND QUARTER FINANCIAL REPORT (CC) Finance Director Mike Sylvia introduced the item.

City Council Members and staff discussed the following:
• The Civic Center solar project is in the design phase • There was a change to the agenda report shortly after it was posted; the Council Aide positions were removed and the agenda report was re -posted
• Funding needs to be included in the budget for interpretation services; reward staff if they are used to provide interpretation
• The Code Enforcement Ticket Writers are advance smart devices that process and print tickets • The Wave Water Park slides will be open for the summer

MOTION BY GREEN, SECOND BY O'DONNELL, TO ADOPT CITY COUNCIL RESOLUTION NO. 2023-36, ENTITLED "A RESOLUTION OF THE CITY COUNCIL

OF THE CHARTERED CITY OF VISTA, CALIFORNIA, AMENDING THE OPERATING BUDGET FOR FISCAL YEARS 2021/22 AND 2022/23, AND AMENDING THE CAPITAL PROJECT BUDGET FOR FISCAL YEARS 2022/23 AND 2023/24"; AND ADOPT CITY COUNCIL RESOLUTION NO. 2023-37, ENTITLED "A RESOLUTION

OF THE CITY COUNCIL OF THE CHARTERED CITY OF VISTA, CALIFORNIA,

AMENDING THE CITY-WIDE CLASSIFICATION AND COMPENSATION INDEX, AND REPEALING THE PROVISIONS OF ANY RESOLUTIONS IN CONFLICT HEREWITH." VOTE: 5-0

ORAL COMMUNICATIONS
Mary Davis, Watch Dog Activist, San Diego, stated she believes there was a conflict of interest regarding the vote on the SANDAG appointments.

REMARKS
City Manager Conley made the following announcements:
• Thanks to the Public Works team and the City's contractor for last week's completion of the replacement of the fields at the Vista Sports Park. The fields are reopened, as has the trail at the park. The public is welcome to come check out the new fields and enjoy all the amenities that the park offers.

I'm happy to announce that not only are the seniors enjoying the new salad bar at the senior center, but they are also loving the culture caravan program. Of the nine excursions that were 5 05/28/2024 PH 1 32 of 73

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1 City of Vista Short-term Rentals: GIS Map Legend
ID Field
District
Business address
Email address
Owner Name
1 1
701 MELROSE PL
[email protected]

LAIDBACK HOUSING LLC
2 1
1806 GOODWIN DR
[email protected]

SAYTHONG, VANTHASIN
3 1
245 ARDYS PL
[email protected]

RAMANATHAN, VIDYA
4 1
748 CASA REAL CT
[email protected]
VISTA@SAN DIEGO,LLC
5 2
1326 ALTAVISTA DR
[email protected] 1326 ALTAVISTA MANAGER LLC

ARENDSEN, CHAD L
6 2
169 OCEAN VIEW DR
7 2
919 VALLEY DR

GUARNEROS, ALECIA
8 2
1350 ALTA VISTA DR

BORRELLI, AGATHA W
9 2
1354ALTAVISTA DR
[email protected]

DANG PROPERTIES LLC
10 2
313 BEAUMONT DR

VACCARO, EMILY
11 2
516 S SANTA FE AV
[email protected]
0 E

TERRACE LOFTS JV LLC
12 2
343 EUCALYPTUS AV

ALAN PICKERING
13 2
944 CYPRESS DR
[email protected]

RETREAT HOUSE LLC
14 2
2244 ALTAVISTA DR
[email protected]

SORUM LLC
15 2
645 CRESCENT CT

SOWELL, OSCAR
16 2
908 VALLEY DR

WANG, XING
17 2
2465 CATALINAAV

DORSETT, DOUG
18 2
1590 SAN LUIS REYAV

BEESON, EDWARD
19 2
1053 BONNIE BRAE PL

HEUER, MICHELLE C
20 2
1820 ALESSANDRO TRL

BADIALI, PAUL E
21 2
151-153 NATAL WAY

ALAN PICKERING
22 2
147 NATAL WAY

MOOI RIVER, LLC
23 3
180 SANTA MARIA CT
[email protected]

COZY DREAMING LLC
24 3
270 KNOLL RD # 1

MARQUEZ, DAVID J
25 3
1338 OLIVE AV
[email protected]
GARRETT FORT RACING INC.
26 3
343 PALM CANYON DR

BERNIER, FREDERICK L
27 3
820 SILVER DR

PEREIRA, JANAINA
28 3
326 SANTA CLARA DR

GORDON, SUSAN A
29 3
790 MARSOPA DR

SANTIAGO, ANGEL A
30 3
645 MCGAVRAN DR

OLDAKOWSKI, ERIC
31 4
810 VALE VIEW DR

CHATEAU DE MARSEILLE
32 4
2165 OPAL RDG

DEVILLE, EMILY
33 4
1040 VALE VIEW DR

PILAS, JACEK A
34 4
1659 COUNTRYSIDE DR
[email protected]

THE PROPERTY REP PROS, LLC
35 4
891 PHILLIPS ST#201

ROY, CHARLESA
36 411042

HERON DR

HALLBERG, NATALIE S
2 05/28/2024 PH 1 34 of 73

COMMUnRy
Development
March 5, 2024 MAR 0 8 2024
Vista Community Development Director: Joe Vacca -•
200 Civic Center Drive
Vista, CA 92084 ,�LCUVED
Dear Mr. Vacca
This letter concerns a property which is listed on VRBO & Airbnb as the "Fun House". It is located at 853 Crescent Dr. Vista, CA 92084.

This "Fun House" has turned our once quiet residential area into a "war zone" Neighbors have had to resort to calling the sheriff's department about this "Party House". The complaints have been about noise levels, particularly late at night, parking issues, parties of 50 or more people and the owner not being in compliance with the mandated 3-day minimum rental.

About two months ago, the renters were so angered by neighbors calling in a noise compalint that after the sheriffs had left, they started screaming "F the sheriffs", "F the neighbors," and "F Vista". The "Fun House" was rented on Super Bowl Day.

Cars waiting for the property to open were illegally parked in the middle of the street on both Orleavo Drive and Crescent. Those cars completely blocked the right turn from Orleavo onto Crescent. Party goers passing a football back and forth in the middle of Crescent cars resulted in a dangerous situation for traffic. Later that night and into the morning the party goers played loud music. Many times Orleavo Drive is filled with people parking their cars at all hours and sometimes lingering around their cars talking and visiting until 1:30 am or later. Cars also constantly drive in and out to get more "party" supplies. It is unnerving and certainly a waste of sheriff officers' time and resources to have to deal with nuisances such as this.

Some of the neighbors have tried talking to the owner of 853 Crescent Drive.

He does little about their complaints and lately seems disinclined to help at all. Once, his response was that "according to his lawyer he is following all relevant law." Neighbors wonder if he actually has a license to operate such a business in a residental area and if he is paying his Transient Occupancy Tax. Perhaps he was grandfathered in before rules and regulations were adopted? The city should require a permit that could be revoked if rules and regulations are not followed. Some of the rules and regulations that were suggested at a City Council meeting on March 14, 2023 have actually been put in place. However, what are the consequences if any owner breaks those rules and regulations? One suggestion at that City Council meeting was a " 3 strikes" rule where the owner would lose his or her license for at least 2 years if he or she violated any of the rules three times. At this point, it seems that only the neighbors of a "Party House" are being punished if transient renters break the rules.

Vista is changing and much of it is not for the good of the community. According to local realtors, 50% of Vistans are now renters. What that means for our residential neighborhood is more cars, more traffic, more transients and more "Party Houses". In EXHIBIT 7
05/28/2024 PH1 35 of 73

addition to the Sheriff's Department, Vista needs a Police Department to maintain the *safety of our neigborhoods.

On Febuary 19, 2024;. Mark Giancarlo of Chicago was found dead at a Vacation Rentall on Poinsettia Drive in Point Loma. Neighbors of that house were interviewed on the news and said that the Vacation Rental had become a "Party House" and they had had to call the police many many times. There have been numerous reports of fights and weapons being brandished at vacation rentals throughout San Diego county as well as reports which included people jumping off roofs and other such reckless and aggressive behavior.
would be interested in learning what consequences are currently in place for violations of STR's rules and regulations. I would also be interested in knowing what actions on the part of the property owner would result in the revocation of an STR license.

Sincerely,
Anna A. Strawn
05/28/2024 PH1 36 of 73

ic,c VED
.,. March 5, 2024
Council Member Dan O'Donnell Mkt 0 ,l LPL
200 Civic Center Drive
Vista, CA 92084
Cityac,3r &ounci
Dear Council Member O'Donnell,
This letter concerns a property which is listed on VRBO & Airbnb as the "Fun House". It is located at 853 Crescent Dr. Vista, CA 92084.

Some of the neighbors have tried talking to the owner of 853 Crescent Drive.

addition to the Sheriff's Department, Vista needs a Police Department to maintain the safety of our neigborhoods.

I would be interested in learning what consequences are currently in place for violations of STR's rules and regulations. I would also be interested in knowing what actions on the part of the property owner would result in the revocation of an STR license.

Sincerely,
/� "W �
Anna A. Strawn
05/28/2024 PH 1 38 of 73

City Hall/City of Vista 3-7-24
Office of the Assist City Manager
200 Civic Center Drive
Vista, CA 92084
Re: Proposed Short Term Rental Ordinance — (STR)
Dear Mr. Vacca
Hello! My name is Larry Rutherford, and I am writing to you today to express my full support of issues raised in Mr. Bill Froelich's letter to you regarding the (STR) property currently being operated within our neighborhood, specifically on 853 Crescent Drive.

The Owner/Operator's lack of courtesy with regard to the most adjacent neighbors, and other residents throughout the neighborhood shows us that he is all about making as much money as possible by promoting his property on AirBnB as "THE FUN HOUSE". Hence encouraging drunken and loud parties consisting of between 30 — 60 people, cars parked all up and down our streets, racing engines and cars, beer cans and liquor bottles in our landscaping, among many other un-pleasantries.

I won't repeat all that goes on at some of these uncontrolled gatherings, as I believe Mr.

Froelich's letter to you describes an accurate account of what those are, and I am in complete agreement.

My fear right now is as warmer months start coming on, that the frequency, and the volume of these parties will most likely increase, and things can erupt to a point where safety becomes a greater concern for us, and all residents.

My wife Robin and I have lived here for 20 years. I retired January 2022, and my wife plans to retire in the early fall of this year. We had planned for this home to be our retirement home but, now both are talking of moving away to some place where things are quieter, and more peaceful.
can be available to discuss any particulars regarding our neighborhood concerns, or the current status of (STR) Ordinance.

Thank you for your time, and efforts.

Larry and Robin Rutherford
05/28/2024 PH1 39 of 73

Dear Mr. Vacca:

I appreciate that you are working on the Short -Term Rental ordinance project. What phase of drafting this ordinance are you currently in, and what will happen after this is drafted? While this letter is written at a rather late date, I hope our concerns will be taken into consideration as more short-term rentals pop up every day. These statements are supported by 6 homes in the immediate proximity to the property in question.

I was not aware that the public meeting in March of last year took place until recently.

My wife Laurie and I purchased our home in Vista 37 years ago in a quiet neighborhood to raise our son, go to work, and then finally retire here. I did retire 3 years ago, and was looking forward to a happy, peaceful retirement. Now, because of a STR neighbor, this has become impossible.

After viewing the entire public meeting on YouTube, I realize this is a complex issue.

Our neighborhood's concern is how to eliminate "bad apple" STR's and stop the disruption of residential areas and surrounding residents' lives. As residents in an R-1 neighborhood, we don't believe this issue should have to be at the forefront of our thoughts and lives. One person should not be able to operate a business for their own profit in an R-1 neighborhood that impacts the neighborhood in such a disruptive manner, but this is precisely what has happened. Other cities in our state are now taking a stand against this and have adopted ordinances to protect its residents.

In late summer 2023 we realized our neighbor vacated his home and turned it into an Airbnb NRBO STR. It is listed as "THE FUN HOUSE" This tends to be interpreted as a place to have UNCONTROLLED PARTYING. We have communicated with the Owner operator many times to inform him that things are out of control on his property, both in person and by text messages.

He has been advised by his "lawyer" to answer politely that he is "doing everything he can, but says inevitably there are going to be bad apples."
The Sheriffs office has been called out many times and while they advise the renters to quiet down and keep things under control, this has only provided minimal improvement and as soon as the sheriffs leave the problem ramps back up. Disturbances include drunk and disorderly conduct in our streets as well as on the property, causing concern for our safety. Screaming and yelling up to and after 10pm often including obscene and vulgar language; loud music up to and after l Opm; repeatedly having to call the sheriffs to come out, for disturbance and safety concerns.

Retribution from renters and party goers as a result of reporting to the sheriffs, such as broken alcohol bottles in our driveway and shouting threats and obscenities at us in the middle of the night is again causing concern for our safety. Disco lights and D.J. set ups outside broadcasting light and sound all around into the evening, night, and early morning should not be allowed. Neighboring residents are not even able to sleep. There is also a basketball court which sits 5 feet from a child's bedroom which is impacting the child's wellbeing.

Parking all over the neighborhood streets by parties of 40 ,50, or 60 people is affecting property owner's abilities to access their own homes. Broken bottles, beer cans and garbage everywhere; 05/28/2024 PH1 40 of 73

vomiting and urinating in the streets and on private property; street racing up and down our streets with excessively loud cars. While all of these issues rarely occur together, every outside party scenario always includes a few.

If these are one-night stays "which they almost all are" and each week has 7 nights, you can imagine our problem. We have often experienced these intrusions multiple times per week. The immediate neighbors impacted by this are all greatly concerned about what the summer will bring to our neighborhood, when we should be looking forward to it! We are in favor of a 3-strike rule where the owner loses his ability to do business in an R-1 neighborhood if the owner can't or won't control the problem.

We are in favor of a multi -night minimum stay rule which would effectively discourage a one-night party rental scenario.

If nothing is done to solve our problem and the only alternative is to move away, we are all further concerned that this could possibly devalue our properties and make them harder to sell.

Please help.

Please feel free to contact me if you have any questions or further concerns Thank you
Bill and Laurie Froelich (and all of our neighbors)
05/28/2024 PH 1 41 of 73

Community
Development
ju,t� MAR 112024
RE
CEIVED
As a property owner since 1977 on Crescent Drive in Vista I have enjoyed the peaceful atmosphere in this neighborhood. That was until the neighbors nextdoor moved in several years ago and decided to ruin that peaceful atmosphere. Daniel Soraci moved nextdoor 5 or 6 years ago and decided that large and loud parties were appropriate with loud redundant noise (I can't really refer to it as music) and did not quiet down after 10 p.m. Several years ago, he got married to Bree and she raised his one son from a previous relationship and they welcomed a new son and daughter to their family while continuing to hold loud parties. Last year Daniel decided to divorce Bree and set his house up as a Vrbo. The house is listed as a "Fun House" now on Vrbo. It is definitely not fun for the neighbors surrounding 853 Crescent Drive. Now there are large noisy strangers with no respect for the rules of being quiet after 10 p.m.

Several neighbors have had to call the sheriffs to lodge noise complaints, including myself.

Friday, March V there were about 50 plus people next door and many underage kids. The parking up and down the street and up on Orleavo Drive was at full capacity and the people exiting their cars were loud and obnoxious. Several of the neighbors and myself called the sheriffs to lodge a noise complaint and also texted the owner, Daniel. After the sheriffs came and went the noise continued. There were broken liquor bottles and beer cans lefts in neighbor's yards. The next night we had to deal with a large group that were playing basketball in the backyard and were loud screaming and shouting.

My bedroom is situated next to the backyard where most of the noise and activity occurs with groups -renting the house. So, needless to say my sleep is disturbed every time there is a loud group next -door.

One day last month there was a group of motorcycles revving their engines and a pickup truck burning rubber as he left the driveway. There are groups that play in the street and scream and yell profanities.

When I call the sheriffs, I am told that they will come out and tell the group to quiet down and if it continues afterwards I must call them back in order to sign a noise complaint. So, that means I am awake at 10 p.m. and after to see if I need to call the sheriffs again. So, forget about my getting a good night's rest.

This is truly unacceptable and the neighbors have had their fill of the disrespect from the renters and the owner. What are the rules for a Vrbo STR? Is it a 3-night minimum? How many people are allowed? Parking issues? Noise rules? Plus, what are the consequences if the rules are violated? We need help. Several neighbors are so fed up they are thinking of moving but with full disclosure their property will be devalued. I don't want to move; this is a neighborhood I love and all these strangers next door make me feel unsafe. When I have complained to Daniel the owner, he just says he gets a few bad apples. they are rotten apples.

As I am typing this there is a group of guys playing basketball in the backyard and if they are the same ones from Saturday it will get loud with screaming and yelling later tonight. The neighbors on the other side of the Fun House at 845 Crescent Drive get the brunt of the noise and disturbances. Their house is 05/28/2024 PH1 42 of 73

alongside the Fun House driveway, side yard and the backyard where the basketball court and party area are situated. Their fence has been broken by the basketballs and the Fun House players jumping over the fence to retrieve the basketballs.

I have two dogs that enjoy our backyard but when renters bring dogs it becomes a bark felt and I have to bring my two dogs inside.

Vista used to be a nice community but it seems like now everything is being converted to apartments.

We need your help regarding the rules and whether the Transient Occupancy Taxes being paid by Daniel?
Several neighbors are so fed up that they are thinking about moving but they worry with full disclosure that their property values will be devalued for living near the Fun House. I don't want to move because I love my house and neighborhood but I feel uncomfortable being impacted by the disrespect of those renting the house next door. Plus, I don't feel safe with so many strangers coming and going nextdoor.

The owner, Daniel, says he rents to bad apples occasionally but I believe they are rotten apples.

Please help us as we are all at the mercy of the owner and the obnoxious people he rents the Fun House to.

Thank you for your time and consideration,
Kerry Michel
05/28/2024 PH 1 43 of 73

March 21, 2024
John Conley
City Manager
200 Civic Center Drive
Vista, CA 92084
Dear Mr Conley,
First, thank you for responding to my letter of letter of March 5, 2024. 1 was happy to hear that action will soon to be taken to establish rules, codes and regulations for Vista STR rentals currently being established in residential neighborhoods.

I also appreciate Mr. Vacca taking the time to speak to me and my neighbors after we spoke at the March 12, 2024 City Council meeting. I appreciate the fact that the sheriff took time to express his viewpoint regarding officers having to respond to noise complaints and other complaints regarding STRs. Calls about nuisance STRs impact the department in many ways.

Significantly, the Sheriff's Department feels that its hands are tied regarding noise complaints since they can't enter the property.

At this time, I ask that the mayor and the council take seriously a 3 day minimum stay for STRs.

Such a minimum stay will be of a great help to the sheriff's department. A 3 night stay will lessen the complaint calls since the STRs will be less likely to be rented as one night party houses. Mr. Vacca voiced concerns to us that a 3 night stay might hurt the "good actors" who operate STR's. These "good actors," however, are choosing to operate a business in a residential 1 zone thus avoiding codes, ordinances and other regulations/laws that would impact them if they operated their business in a commercial zone. If they are truly good actors, they should be happy to abide by any and all regulations.

Another issue with STRs is trying to contact the owner. Some STRs are owned and operated by for -profit entities outside of Vista or even California. The neighbors of those STRs are out of luck when trying to voice their concerns to the owner. In the case of our neighborhood, we are able to contact the owner; however, he has been less than helpful.

Laws, codes, and regulations are not enacted because of "good actors". Laws, codes and regulations are enacted because of "bad actors" who often manipulate and take advantage of the system.

Interestingly enough, while researching STRs in Vista; I came across a blog at www.bnbcaic.com/blo /short -term -rental -re ulation/Vista-California- aide#" which says that a person needs a license to operate and needs to pay Transient Occupancy Tax and adhere to various regulations. These regulations according to the blog include the following:
- A limit of two people per bedroom plus two additional people - A minimum stay of thee nights
- Restrictions on outdoor noise and smoking
- A prohibition on events or parties.
- Additionally, hosts must obtain a business license and provide liability insurance for their rental properly.
- The TOT rate in Vista is 10% and hosts are responsible for collecting and remitting this tax to the city.

This blog also says: "For further details contact the City of Vista's planning Division". Ms.

Rivera at 760-637-6100 is mentioned by name as the contact. 05/28/2024 PH1 44 of 73

Perhaps the Mayor and the City Council might want to consider enacting much of the information that is already out there when considering final codes, rules and regulations regarding STRs.

I would like to recommend the "one strike and you are out" rule to revoke the license of STIR owners under the following circumstances:
- Parties with underage drinking.
- If neighbors feel threatened or there is trespassing on a neighbor's property_ - If the owner is not in compliance with licenses or permits. - If the length of stay is violated.
- If any laws are violated on the property during the rental.

On March 14, 2024, there was a CBS 8 news report entitled "Fight brewing over short term vacation rentals as City of Oceanside considers changes to the rules". As of December 2023, there are 1002 licensed STRs throughout Oceanside with approximately 719 of them located in the City's coastal zone. One Oceanside resident said that developers tear down a home and build an 8-12 bedroom mini -hotel which, in essence, no longer makes the area a residential zone 1 neighborhood. The neighbor also complained that if it was a Hilton or Marriott doing this, the city council would stop them in their tracks.

It's important that the city of Vista doesn't become the fall back for STRs and STVPs after neighboring cities start enacting stricter codes, rules and regulations in order to protect their Residential 1 neighborhoods. We don't want Vista to be the town with no rules or regulations where profiteers can come and exploit its residents. This is especially concerning now that 50% of Vista's population are renters. Can we save our neighborhoods? Is this a fruitless endeavor trying to regulate profiteers in our town and its neighborhoods? Thank you for your consideration in this matter.

Sincerely,
Anna A. Strawn
cc: Mayor John Franklin
Council Member Dan O'Donnell
Council Member Katie Melendez
Council Member Corinna Contreras COMM. W
Council Member Joe Green Development
City Planning Division Joe Vacca
MAR 2 5 2024

RECEIVED
05/28/2024 PH 1 45 of 73

From:

Joseoh Vacca
To:

Alexandra Martin; Esmeralda Romero
Cc:

Omer Acikel; Lisa Scott; John Conlev; Patsy Chow; Esmeralda Romero; doris pakozdi; soak; Klara Pakozdi; Katie Melendez; Michael Ressler
Subject:

RE: Short Term Rental Solutions
Date:

Monday, April 29, 2024 2:16:01 PM
Attachments:
maae001.ona
Hello Alexandra,
Thank you, we will include this email chain as an attachment to the Planning Commission Agenda Report.

CITY OF VISTA
Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
ivaccaC�citvofvista.com
www.cityofvista.com
From: Alexandra Martin
Sent: Saturday, April 27, 2024 7:48 AM
To: Joseph Vacca
; 101;
Cc: Omer Acikel Lisa Scott ; John Conley ; Patsy
Chow ; Esmeralda Romero ; doris pakozdi
gpak ; Klara Pakozdi To:

Katie Melendez ; Michael Ressler
Subject: Re: Short Term Rental Solutions
Hello Joseph,
Thank you for sending us the information, and I am also ok with using the emails.

On Apr 26, 2024, at 11:51 AM, Joseph Vacca wrote:

Good morning, Omer and Alexandra,
I have been working on a draft short-term rental ordinance for our planning commission's consideration at a public hearing on May 7, 2024. You will also receive (if you haven't already) a courtesy notice of this upcoming agenda item and public hearing.

Will you both please confirm it is ok with you for me to attach this email chain/correspondence to my planning commission agenda report on short term rentals ordinance for their 5/7/24 meeting? Following the planning commission consideration, we anticipate having City Council consider this at a public hearing on May 28, 2024.

Thankyou

Joe Vacca, AICP
05/28/2024 PH 1 46 of 73

Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
jvacca Ca�cityofvista.com
www.cityofvista.com
From: Joseph Vacca
Sent: Tuesday, March 5, 2024 5:03 PM
To: Omer Acike
Cc: Alexandra Martin Lisa Scot John Conley
; Patsy Chow ; Esmeralda Romero ;
Boris pakozdi ; gpa Klara Pakozdi
; To: Katie Melendez
; Esmeralda Romero
Subject: RE: Short Term Rental Solutions
Hi Omer,
Thank you very much for your follow up, the information and the inquiry. I have definitely started work on this and am grateful for your notes for items to be considered for inclusion in the draft short term rental ordinance.

To answer your question, I am committed to bringing a draft short term rental ordinance forward through community public meetings this Spring. I anticipate this going to the first community meeting at a public hearing before the Planning Commission in early May; and, then to the next community meeting, public hearing before the City Council towards the end of May for consideration of adoption.

We will make sure you are notified of the date of future public hearings when scheduled.

Thank you again, Omer.

Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
jvacca (a)cityofvista.com
www.cityofvista.com
From: Omer Acike
Sent: Monday, March 4, 2024 10:28 AM
To: Joseph Vacca
Cc: Alexandra Martin ; Lisa Scott ; John Conley
; Patsy Chow ; Esmeralda Romero ;
Boris pakozdi ; gpa Klara Pakozdi
To: >; Katie Melendez

Subject: Re: Short Term Rental Solutions
Good Morning Joseph,
At our last meeting remember being told a draft of the rules should be done by February, March time. M arch 14th is also the anniversary of the City passing the resolution for these rules. I think we have been 05/28/2024 PH1 47 of 73

patiently waiting long enough to see some results. After all, we are not reinventing the wheel: the problems are known, many cities have rules already. So I will repeat my question that went unanswered, what is the deadline for these rules to be reviewed?
I want to refresh a few points that are our red lines, they have to be addressed (please refer to my letter I submitted to the City's last year's 1 st counsel meeting in March for a very detailed list). Please note, neither city nor the residents around short term rentals should deal with property managers (if there is one): owners are solely responsible for the safety, noise and operation of the short term rentals. That's why the licenses are issued to the owners. Adding another party to the discussions will generate "escape routes" to the owner. We had been there.

1. No parties/gatherings whatsoever, no "fee" waivers etc. This should be a strike.

2. No group vacationers, same as above, since vacationers in groups (as they usually are to make it affordable) tend to become parties.

3.Owner, not the property manager, has to give 24-hour access number/method, to receive disturbances.

The owner has to resolve the issue within an hour. Failure to make them accessible or respond to disturbance in given guidance should cause a strike.

4. If there are any outdoor amenities, their futures/maintenance (such as for an outdoor pool waterfall, filtering etc.) has to have power override to disable them during "quiet hours". Failure to follow this should count as strike.

5. "Quiet hours" should be wider than residential guidelines of 10pm to 8am. By the time renters comply with the 10pm rule, it will go beyond that. We suggest 1 hour buffers on each side: 9pm to 9am, and "quiet hours" does NOT mean, you can make all the noise you want otherwise, hence the quotes.

6. If there are outdoor amenities present, accessing them after quiet hours should be banned. If

7. Striking offences: their proof, their reporting, and their adherence to the short term rental property should be clearly written, should leave no ambiguity or arguments to when/how/why these strikes are given to the owner.

8. Business licenses given by the city should be posted at the front of the property, visible from the street. I would suggest making them larger and on a colorful background so it is easy to spot.

9. Trash/recycle/green collection bins should not be left on the street other than on the collection day.

This is not an exclusive list as I want to also talk about not grandfathering any licenses to existing owners: I do not believe a non -owner occupied short term rental business will work in a residential area when it is big (> 2000sgft or more than 3 bedrooms) and has outdoor amenities, such as pools and mini golf, pool slides, Large gathering tables etc. Any honest city management knows they either have to have a seperate law enforcement to enforce rules (Vista even does not have a police force, let alone a separate enforcement for this) and weed out bad actors, or do not allow these establishments altogether or more recently they (like New York City) enforce long (about 28 days or longer) stays.

Please kindly reply with a date that we should expect to hear the proposed rules.

Take care
omer
On Wed, Feb 14, 2024 at 8:07 AM Joseph Vacca wrote:

Good morning Alexandra,
I have received your email and all of the points you have raised, and thank you forth is input. 05/28/2024 PH 1 48 of 73

I will consider all of these points while working on drafting an ordinance on short term rentals that will go through a public review process for consideration prior to being adopted.

From: Alexandra Martin
Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
ivacca(@citvofvista.com
www.cityofvista.com
Sent: Tuesday, February 13, 2024 3:52 PM
To: Lisa Scot Omer Acikel ; Joseph Vacca
; John Conley
Cc: Patsy Chow ; Esmeralda Romero ; doris pakozdi
gpak ; Klara Pakozdi
To: ; Katie Melendez
Subject: Re: Short Term Rental Solutions
Hello,
As some time has past since we had last spoken, I would also like to put together some concerns to be taken into account.

Below is a link to a Dropbox folder to show examples of what it is like living next to an non owner occupied STIR.
https://www.dropbox.com/scl/fo/gtmOf06v964hhfk111976/h?rlkey=7igyazkgc4opjlrkkeattoodc&d1=0 A large concern from neighbors next to properties with exterior amenities is the level of noise.

External amenities, such as the television, music speakers, outside games, jacuzzi, pool, and pool engine

1. Should have lower decibel volume tolerance than residents for both day and night

2. Should have night noise ordinance start earlier than residential noise ordinance.

3. To qualify for STIR permit: Equipment, such as pool engines, should have a distance criteria from fence line (e.x. 20 meters from fence line for noise producing equipment) In my opinion this is reasonable because homes that are close together may not be suitable for a business with such equipment. In a STIR, equipment is used frequently and can directly affect the homes next door. (Below links are examples. Equipment noise, exterior television, speakers) https://www.dropbox.com/scl/fi/Uptichi4h9w9l 30Uu9w/LoudEngineAffectingALLRoomsALongHouse.

M0V?r1key=gogmirwm63xyvky1 hntyby9rm&d1=0
https://www.dropbox.com/scl/fi/5l2bube7rOn79uijmnmfvr/SportsOnOutsideTV[ ateintoNight. MOV? rlkey=mzsn5gtra7x5neh8j41 b6tedn&d1=0
05/28/2024 PH 1 49 of 73

https://www.dropbox.com/scl/fi/bfbzced3pxLkl 7bigI4lOn/PartyWith LazerLightsMusic.MOV? rlkey=r1 ugu4bldty6po16eeh26yr2c&d1=0

1. Requirement that there is a maximum number of rentable days. (Ex. Owner can only rent out a total of 90 days) Not sure if this can be specific for properties with large exterior yard or outdoor amenities or at least non owner occupied properties.

2. Also a minimum of days for each booking for non owner occupied (Ex. one month minimum for owner non occupied) Renting out a room or an owner living on property may not have minimum.

3. A limit to allow only one permitted house per applicant if renting full space as a non owner occupied. (This is to help protect from a person or group from buying multiple houses for the sole use of turning them to businesses. I bring this up b/c of the housing shortage. (Ex. Airbnb owner next door had about 16 properties last year and now has 20.))

1. Someway give strike to business or to protect neighbors from groups being vocally loud for long durations of time. (Below links are examples)
https://www.dropbox.com/scl/fi/aetaovvnd7krmbd8repg9/GroupShouting . MOV? rlkey=xhhgqut6s1 nyc1 sbxnworu8k0&d1=0
https://www.dropbox.com/scl/fi/g22f4uwt3b94gl znoyg66/CursingShrieking.MOV? rlkey=cyo8oig13649gmdaoxvo3ieig&d1=0
https://www.dropbox.com/scl/fi/e9swred1 ahj9f7gni4r20/ShoutingHeardFrom Inside MasterBedroom. M OV?rlkey=6slzwrp9audm33ne1 gvho5mtg&d1=0
To what Omer has brought up.

1. I agree with the clear and enforceable strikes. One major concern is crowed noise, as this is not as consistent as a machine noise, but can still be loud for long durations. (whole day or days in a row, followed by the next group doing the same and so on).

2. Cars and parking spots is something that should be addressed as there are many areas that have Limited parking for the residents who live in the area.

3. 1 also agree with a limit of occupants for the booking as this affects noise levels, and available parking

4. An interesting point with #7. 1 believe if there is an issue that isn't directly in the definitions for a strike but multiple complaints are made from the neighbors, then there should be a way to address this as a strike.

5. 1 agree with #8 being that the noise ordinance time for quite hours should be different for the businesses
05/28/2024 PH 1 50 of 73

Last we spoke I believe there was going to be an allowance for non owner occupied STRs. This saddens me as many cities have gone in the opposite direction in favor of building stronger communities. I've had to live next to a non owner occupied STR the last few years, and as can be seen from the Dropbox links, it has been very stressful. Thus, much of the concerns above are based of my experience living next to these businesses, and I greatly hope are taken into consideration.

Alexandra
On Jan 15, 2024, at 11:19 AM, Omer Acikel wrote:

Good Morning Joseph,
Happy New Year. I hope this new year brings us the regulations as soon as possible to be enforced!
I would like to know the status of the regulations you are working on. I want to make sure some key complaints we have due to our experiences also taking into account as I list them as highlight and of course there should be details

1.3 strike you are out: We really need to make sure these strike points are clearly identified and enforceable so there is no dispute by the owners:
i. Limiting the access and operation of outdoor amenities such as pool, jacuzzi. In our case running the pool waterfall w/o power overwrite (disabling it to run "quiet hours") allows it to be run around the clock causing all kinds of problems. Renters yell at each other at odd hours of the night to be heard. This also applies to pool filters etc. ii. Use of drugs. As much as it is legal for residents to consume, for short term rentals it should be prohibited.
iii. Once a disturbance is reported to the owner, if they do not resolve the issue in a fixed time, 1 hour.
iv. Their online posting should include "no parties or loud gatherings allowed under any circumstances". No "fee" etc waiver for parties as the current owner has its website posting to benefit financially from disturbance.
v. Their business license not been posted at the front of the property. vi. In outdoor playing music, TV, etc that can be detected vii. Outdoor detectors installed. If it triggers for sustained loud noise, it should be counted as a strike.
viii. If the number of vehicles parked for the property exceeds 4 cars. ix. Any installation of tents, party equipment, portable speaker/radio that indicates large gathering.

2.Outdoor noise detectors.

3.Owners should respond to noise/security/parking complaints within 1 hour.

4. Limiting number of guests regardless of property size (or limiting property size and/or outdoor amenities)

5. Trash/recycle/compost bins should be on the street only the

6. This could be a touchy subject but the owners need to install cameras (and the owner 05/28/2024 PH 1 51 of 73

next to us has so I believe it is not illegal for them to watch the property so it is reasonable to ask all owners to do so) give footage for specific date and time to verify some of the activities I listed above.

7. There has to be some kind of eviction/fine enforcement for continuous disturbance after multiple complaints fails to resolve the issue.

8. The "quiet hours" should be narrower than the residential city code definition of 8am to 10pm. Also "quiet hour" does not mean other times are party times! (so are the quotes) as renters may try to extend it.

I hope this is helpful and will be considered. Please inform us about the expected timeline for the release/review (I remember it will be shared with owners and neighbors alike). I also suggest sending this information to neighbors all short term rental addresses so everyone affected by their operation is involved.

Take care
omer
On Fri, Nov 17, 2023 at 4:12 PM Joseph Vacca wrote:

Hi Omer,
Yes, looking forward to meting you Monday. Thank you
Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
ivacca(ftityofvista.com
www.cityofvista.com
From: Omer Acike
Sent: Friday, November 17, 2023 8:47 AM
To: Joseph Vacca
Cc: John Conley ; Lisa Scot
Alexandra Martin Patsy Chow ;
Esmeralda Romero
Subject: Re: Short Term Rental Solutions
Good morning Joe,
Thank you for your confirmation. We will be there on Monday.

Take care
Omer
05/28/2024 PH 1 52 of 73

On Fri, Nov 17, 2023, 8:30 AM Joseph Vacca wrote:

Hello Omer,
My name is Joe Vacca and I am the new Community Development Director.

As you know, I will be working on the short term rental regulations.

I am also available Monday from 4:30to 5:30pm , (but I am not available on Tuesday afternoon). So hopefully if we plan to meet next week, it would be good to see if Monday works out.

Looking forward to meeting you. Thank you
Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
[email protected]
www.cityofvista.com
From: John Conley
Sent: Friday, November 17, 2023 6:50 AM
To: Omer Acikel
Cc: Lisa Scott ; Alexandra Martin
Joseph Vacca
Subject: RE: Short Term Rental Solutions
Hello Omer,
I'm available from 4:30-5:30PM on either Monday or Tuesday next week.

Please let me know if one of those days work for you.

Thanks,
John
From: OmerAcikel
Sent: Friday, November 17, 202312:06 AM
To: John Conley
Cc: Lisa Scott ; Alexandra Martin
Joseph Vacca
Subject: Re: Short Term Rental Solutions
Hello John,
Thank you very much for your prompt response.

Either Monday afternoon and anytime on Tuesday are good for us. Please let us know. 05/28/2024 PH 1 53 of 73

Take care
omer
On Thu, Nov 16, 2023 at 11:22 AM John Conley wrote:

Hello Omer,
The STR regulations have been assigned to our new Community Development Director, Joe Vacca.

Joe is copied here, and can likely give you some insight on when he anticipates bringing this forward for City Council discussion.

I am also happy to meet with you and Joe to discuss this when you'd like, please advise on when you'd like to schedule this.

Thank you,
John
John Conley
City Manager
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: 760.643.5201
icon leyna cityofvista.com
Website I Twitter I Facebook I Instagram
From: Omer Acikel
Sent: Thursday, November 16, 2023 11:17 AM
To: John Conley
Cc: Lisa Scott ; Alexandra Martin
Subject: Re: Short Term Rental Solutions
Good day Mr. Conley,
I want to find out the progress and expected date for the first revision of the STR regulations the city is working on.

I would like to come by to talk to you in person with you and Ms. Chow as well.

Take care
On Mon, Jul 10, 2023 at 12:42 PM John Conley wrote:

Good Afternoon Omer,
The Planning Division is in the process of drafting new regulations for STR's which we expect to bring to Council for adoption once they are ready.

I know Ms. Chow (our Acting Community Development Director) is personally working on these regulations, and she is copied here.
05/28/2024 PH 1 54 of 73

It is taking some time due to the vacancy in the Planning Division that was created with my promotion to the City Manager's office, but it is in process.

Patsy can give an estimate of when we expect these regulations to be brought forward to the City Council.

Thankyou,
John
John Conley
City Manager
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: 760.643.5201
0conley&cityofvista.com
Website I Twitter I Facebook I Instagram
From: Omer Acikel
Sent: Monday, July 10, 2023 12:31 PM
To: Katie Melendez ; John Conley

Cc: Alexandra Martin ; Lisa Scott
;gpak
To: ; Klara Pakozdi
Subject: Re: Short Term Rental Solutions
Dear Mrs. Melendez and Mr. Conley,
It has been almost 4 months since our meeting in mid -March 2023 about short term rental regulations City of Vista asked their staff to come up after hearing from sufferers and owners alike. We have asked a few times about the progress and have not heard anything back.

As I am writing this message, 343 Palm Canyon, hosting some vacationers: kids screams, music, and general noise people will make when they are on vacation.

I want to emphasise that the owner not only did not change his enforcement on noisy renters but also still has "no parties" but "a $200 fee for parties" entries on his posting online at the same time. If posting does not change, you cannot expect people's behavior to change.

Please kindly reply about the status of the short term rental regulations City of Vista is working on.

Take care
C•1filal
On Thu, Jun 1, 2023 at 10:57 AM Alexandra Martin
05/28/2024 PH 1 55 of 73

wrote:

Hello Katie,
The attached document was sent just before heading over to speak in front of the council a while back. I wasn't aware at the time how everything had worked, so this may have been missed, as I was trying to articulate everything last minute. I'm sending this again, just in case the statement is helpful.

I would like to address some things mentioned in the attached pdf, along with bringing up some solution points I heard from the meeting. ( I do hope the suggestions below don't sound too demanding, but I do find they very much help to protect residents from the extreme cases while still being fare to those who are already running a business with respect to the neighborhood. • 1 remember the mention of something like a three strike system or some form of accountability from the property owner. If these standard are not upheld, or there have been a certain number of incidents, then the owner may lose the license. These is something I agree with.
• Property owners should Not be grandfathered or automatically be granted a short term rental license because of preexisting business started before regulations.
• While applying, property owners should be required to post obvious and easy to read signage. This would be so that neighbors are aware of a home owner trying to change the residential property to a business. Neighbors should then be able to have a say whether they would like a business in their neighborhood or not. (I believe it was council member Joe Green who had brought this up) (The sign should Not be a small paper sign on a window that you have to step on the property to read. It should be something like a sign on the front lawn or somewhere visible to those walking by.)
Ex. Neighbors may not want an entire house turned into a business next their home which may create a loss in their own property value and make it less appealing to sell. Residents in the neighborhood may also not want the noise pollution or increased traffic.

homeowner occupied property. I believe this should also apply to properties with large equipment or exterior facilities.
(It may have been council member Green or Contreras who brought this up, but I can't remember for certain)
Ex. Properties with large exterior amenities or large equipment Should be home owner occupied.

If not, then they should be held accountable for 24hour reachability and fast action(within an hour or less) for any disturbances. Failure to be reachable or addressing a live/immediate problem should count as a strike/fine for the property owner. (24hr reachability because their business is running 24hr) (Some cities have it so they have to be permanent residents for so many months a year, though if not having to stay during spring/summer, this may not help with the louder periods)
Ex. Differentiating noisy equipment to having the decibel limit lower than the residential limit, limiting how many hours loud equipment can be making noise at certain decibels, or a complete silencing of large equipment during the night. (equipment on business properties are used more frequently if not continuously compared to residential use)
Ex. If property has large outside area or exterior amenities, customer/guest's noise should have limitations. (Exterior areas are used more frequently compared to residential use. This could mean all day everyday noise being produced from customers/guests ranging from loud chatter /activities to loud music, etc.....)
Ex. For the night noise ordinance, instead of the 10:00pm-7:00am, it should be 9:00pm-8:00am. (B/c groups staying at short term rentals are more frequently on vacation and can create noise at odd hours. This is more geared to exterior use, as there are often guests that disregard that neighbors have to get up early for work)
05/28/2024 PH 1 57 of 73

From:

Joseph Vacca
To:

Omer Acikel; Esmeralda Romero
Cc:

Alexandra Martin; Lisa Scott; John Conley; Patsy Chow; Esmeralda Romero; doris pakozdi; apak; Klara Pakozdi; To:; Katie Melendez; Michael Ressler
Subject:

RE: Short Term Rental Solutions
Date:

Monday, April 29, 2024 2:15:06 PM
Attachments:
imaae001.pna
imace002.pna
Hello Omer,
Thank you, we will include this email chain as an attachment to the Planning Commission Agenda Report.

CITY OF VISTA
Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
[email protected]
www.citvofvista.com
From: Omer Acikel
Sent: Friday, April 26, 2024 3:38 PM
To: Joseph Vacca
Cc: Alexandra Martin ; Lisa Scott ; John Conley
; Patsy Chow ; Esmeralda Romero ; doris pakozdi
gpak ; Klara Pakozdi
To: ; Katie Melendez ; Michael
Ressler
Subject: Re: Short Term Rental Solutions
Hi Joseph,
Thank you for the email. Yes please do add us, Omer and Lisa for sure and I am sure Alexsandra would like as well.

I did receive the City Planner's meeting agenda email last week. Thank you very much for adding us to the distribution list.

Take care
omer
On Fri, Apr 26, 2024 at 11:51 AM Joseph Vacca wrote:

Will you both please confirm it is ok with you for me to attach this email chain/correspondence to my planning commission agenda report on short term rentals ordinance for their 5/7/24 meeting? FoRowingthe planning commission consideration, we anticipate having City Council considerthis at a public hearing on 05/28/2024 PH 1 58 of 73

May 28, 2024.

Thankyou

CITY OF VISTA
Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
ivaccaCa)cityofvista.com
www.cityofvista.com
From: Joseph Vacca
Sent: Tuesday, March 5, 2024 5:03 PM
To: Omer Acikel
Cc: Alexandra Martin ; Lisa Scott ; John Conley
; Patsy Chow ; Esmeralda Romero ; doris
pakozdi ; gpak ; Klara Pakozdi
To: ; Katie Melendez ;
Esmeralda Romero
Subject: RE: Short Term Rental Solutions
Hi Omer,
Thank you very much for your follow up, the information and the inquiry. I have definitely started work on this and am grateful for your notes for items to be considered for inclusion in the draft short term rental ordinance.

We will make sure you are notified of the date of future public hearings when scheduled.

Thank you again, Omer.

CITY OF VISTA
C A L I F 0 R N I A
Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
ivacca(@citvofvista.com
www.cityofvista.com
From: Omer Acikel
Sent: Monday, March 4, 2024 10:28 AM
05/28/2024 PH 1 59 of 73

To: Joseph Vacca
Cc: Alexandra Martin ; Lisa Scott ; John Conley
; Patsy Chow ; Esmeralda Romero ; doris
pakozdi ; gpak ; Klara Pakozdi
To: ; Katie Melendez
Subject: Re: Short Term Rental Solutions
Good Morning Joseph,
At our last meeting remember being told a draft of the rules should be done by February, March time. M arch 14th is also the anniversary of the City passing the resolution for these rules. I think we have been patiently waiting long enough to see some results. After all, we are not reinventing the wheel: the problems are known, many cities have rules already. So I will repeat my question that went unanswered, what is the deadline for these rules to be reviewed?
I want to refresh a few points that are our red lines, they have to be addressed (please refer to my letter I submitted to the City's last year's 1 st counsel meeting in March for a very detailed list). Please note, neither city nor the residents around short term rentals should deal with property managers (if there is one):
owners are solely responsible for the safety, noise and operation of the short term rentals. That's why the licenses are issued to the owners. Adding another party to the discussions will generate "escape routes" to the owner. We had been there.

1. No parties/gatherings whatsoever, no "fee" waivers etc. This should be a strike.

2. No group vacationers, same as above, since vacationers in groups (as they usually are to make it affordable) tend to become parties.

3.Owner, not the property manager, has to give 24-hour access number/method, to receive disturbances. The owner has to resolve the issue within an hour. Failure to make them accessible or respond to disturbance in given guidance should cause a strike.

6. If there are outdoor amenities present, accessing them after quiet hours should be banned. If

8. Business licenses given by the city should be posted at the front of the property, visible from the street. I would suggest making them larger and on a colorful background so it is easy to spot.

9. Trash/recycle/green collection bins should not be left on the street other than on the collection day.

This is not an exclusive list as I want to also talk about not grandfathering any licenses to existing owners: I do not believe a non -owner occupied short term rental business will work in a residential area when it is big (> 2000sgft or more than 3 bedrooms) and has outdoor amenities, such as pools and mini golf, pool slides, large gathering tables etc. Any honest city management knows they either have to have a seperate law enforcement to enforce rules (Vista even does not have a police force, let alone a separate enforcement for this) and weed out bad actors, or do not allow these establishments altogether or more recently they (like New York City) enforce long (about 28 days or longer) stays.
05/28/2024 PH 1 60 of 73

Please kindly reply with a date that we should expect to hear the proposed rules.

Take care
omer
On Wed, Feb 14, 2024 at 8:07 AM Joseph Vacca wrote:

Good morning Alexandra,
I have received your email and all of the points you have raised, and thank you for this input.

I will consider all of these points while working on drafting an ordinance on short term rentals that will go through a public review process for consideration prior to being adopted.

CITY OF VISTA
From: Alexandra Martin
Joe Vacca, AICP
Community Development Director
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
iva cca (a)cityofvi sta.com
www.cityofvista.com
Sent: Tuesday, February 13, 2024 3:52 PM
To: Lisa Scott ; Omer Acikel
Joseph Vacca
; John Conley
Cc: Patsy Chow ; Esmeralda Romero ; doris pakozdi
gpak ; Klara Pakozdi
To: ; Katie Melendez
Subject: Re: Short Term Rental Solutions
Hello,
As some time has past since we had last spoken, I would also like to put together some concerns to be taken into account.

Below is a link to a Dropbox folder to show examples of what it is like living next to an non owner occupied STIR.
https://www.dropbox.com/scl/fo/gtjOf06v964hhfkl 11976/h?rlkey=7igyazkgc4opjlrkkeattoodc&d1=0 A large concern from neighbors next to properties with exterior amenities is the level of noise.

External amenities, such as the television, music speakers, outside games, jacuzzi, pool, and pool engine • Should have lower decibel volume tolerance than residents for both day and night • Should have night noise ordinance start earlier than residential noise ordinance. • To qualify for STR permit: Equipment, such as pool engines, should have a distance criteria from fence 05/28/2024 PH 1 61 of 73

line (e.x. 20 meters from fence line for noise producing equipment) In my opinion this is reasonable because homes that are close together may not be suitable for a business with such equipment. In a STR, equipment is used frequently and can directly affect the homes next door. (Below links are examples. Equipment noise, exterior television, speakers) https://www.dropbox.com/scl/fi/Uptichi4h9w9l 30xyu9w/LoudEngineAffecti ngA[[RoomsAlongHouse.MOV? rlkey=aogmirwm63xyyky1 hntyby9rm&d1=0
https://www.dropbox.com/scl/fi/5pbube7rOn79u i4mnmfvr/SportsOnOutsideTV[atelntoN ight. MOV? rlkey=mzsn5gtra7x5neh8j41 b6tedn&d1=0
https://www.dropbox.com/scl/fi/bfbzced3pxtkl 7bigwOn/PartyWithLazerLightsM usic.MOV? rlkey=r1 uguibldty6po16eeh26yr2c&d1=0
• Requirement that there is a maximum number of rentable days. (Ex. Owner can only rent out a total of 90 days) Not sure if this can be specific for properties with large exterior yard or outdoor amenities or at least non owner occupied properties.
• Also a minimum of days for each booking for non owner occupied (Ex. one month minimum for owner non occupied) Renting out a room or an owner living on property may not have minimum. • A limit to allow only one permitted house per applicant if renting full space as a non owner occupied. (This is to help protect from a person or group from buying multiple houses for the sole use of turning them to businesses. I bring this up b/c of the housing shortage. (Ex. Airbnb owner next door had about 16 properties last year and now has 20.))
• Someway give strike to business or to protect neighbors from groups being vocally loud for long durations of time. (Below links are examples)
https://www.dropbox.com/scl/fi/aetaovvnd7krmbd8repg9/GroupShouting . MOV? rlkey=xhhogut6s1 nyc1 sbxnworu8k0&d1=0
https://www.dropbox.com/scl/fi/g22f4uwt3b94gl znoyg66/CursingShrieking.MOV? rlkey=cyo8oig13649q mdaoxvo3ieig&d l=0
https://www.dropbox.com/scl/fi/e9swredl ahQf7gni4r20/ShoutingHeardFrom Inside MasterBedroom. MOV? rlkey=6slzwrp9gudm33ne1 gvho5mtq&d1=0
To what Omer has brought up.
• I agree with the clear and enforceable strikes. One major concern is crowed noise, as this is not as consistent as a machine noise, but can still be loud for long durations. (whole day or days in a row, followed by the next group doing the same and so on).
05/28/2024 PH 1 62 of 73

Cars and parking spots is something that should be addressed as there are many areas that have limited parking for the residents who live in the area.
0 1 also agree with a limit of occupants for the booking as this affects noise levels, and available parking 0 An interesting point with #7.1 believe if there is an issue that isn't directly in the definitions for a strike but multiple complaints are made from the neighbors, then there should be a way to address this as a strike.
• 1 agree with #8 being that the noise ordinance time for quite hours should be different for the businesses Last we spoke I believe there was going to be an allowance for non owner occupied STRs. This saddens me as many cities have gone in the opposite direction in favor of building stronger communities. I've had to live next to a non owner occupied STIR the last few years, and as can be seen from the Dropbox links, it has been very stressful. Thus, much of the concerns above are based of my experience living next to these businesses, and I greatly hope are taken into consideration.

Alexandra
On Jan 15, 2024, at 11:19 AM, Omer Acikel wrote:

1.3 strike you are out: We really need to make sure these strike points are clearly identified and enforceable so there is no dispute by the owners:
i. Limiting the access and operation of outdoor amenities such as pool, jacuzzi. In our case running the pool waterfall w/o power overwrite (disabling it to run "quiet hours") allows it to be run around the clock causing all kinds of problems. Renters yell at each other at odd hours of the night to be heard. This also applies to pool filters etc.
ii. Use of drugs. As much as it is legal for residents to consume, for short term rentals it should be prohibited.
iii. Once a disturbance is reported to the owner, if they do not resolve the issue in a fixed time, 1 hour.
iv. Their online posting should include "no parties or loud gatherings allowed under any circumstances". No "fee" etc waiver for parties as the current owner has its website posting to benefit financially from disturbance.
05/28/2024 PH 1 63 of 73

v. Their business license not been posted at the front of the property. vi. In outdoor playing music, TV, etc that can be detected vii. Outdoor detectors installed. If it triggers for sustained loud noise, it should be counted as a strike.
viii. If the number of vehicles parked for the property exceeds 4 cars. ix. Any installation of tents, party equipment, portable speaker/radio that indicates large gathering.

2.Outdoor noise detectors.

3.Owners should respond to noise/security/parking complaints within 1 hour.

4. Limiting number of guests regardless of property size (or limiting property size and/or outdoor amenities)

5. Trash/recycle/compost bins should be on the street only the

6. This could be a touchy subject but the owners need to install cameras (and the owner next to us has so I believe it is not illegal for them to watch the property so it is reasonable to ask all owners to do so) give footage for specific date and time to verify some of the activities I listed above.

7. There has to be some kind of eviction/fine enforcement for continuous disturbance after multiple complaints fails to resolve the issue.

8. The "quiet hours" should be narrower than the residential city code definition of 8am to 10pm.

Also "quiet hour" does not mean other times are party times! (so are the quotes) as renters may try to extend it.

Take care
omer
On Fri, Nov 17, 2023 at 4:12 PM Joseph Vacca wrote:

From: Omer Acike
Sent: Friday, November 17, 2023 8:47 AM
To: Joseph Vacca
Cc: John Conley ; Lisa Scott ; Alexandra
Martin ; Patsy Chow ; Esmeralda Romero

Subject: Re: Short Term Rental Solutions
Good morning Joe,
Thank you for your confirmation. We will be there on Monday.

Take care
Omer
On Fri, Nov 17, 2023, 8:30 AM Joseph Vacca wrote:

Hello Omer,
My name is Joe Vacca and I am the new Community Development Director.

As you know, I will be working on the short term rental regulations.

I am also available Monday from 4:30to 5:30pm , (but I am not available on Tuesday afternoon). So hopefully if we plan to meet next week, it would be good to see if Monday works out.

Looking forward to meeting you. Thank you
Joe Vacca, AICP
Community Development Director
05/28/2024 PH 1 65 of 73

City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: (760) 643-5388
ivacca(ft itvofvi sta.com
www.cityofvista.com
From: John Conley
Sent: Friday, November 17, 2023 6:50 AM
To: Omer Acikel
Cc: Lisa Scott ; Alexandra Martin
Joseph Vacca
Subject: RE: Short Term Rental Solutions
Hello Omer,
I'm available from 4:30-5:30PM on either Monday or Tuesday next week.

Please let me know if one of those days work for you.

Thanks,
John
From: Omer Acikel
Sent: Friday, November 17, 202312:06 AM
To: John Conley
Cc: Lisa Scott ; Alexandra Martin
Joseph Vacca
Subject: Re: Short Term Rental Solutions
Hello John,
Thank you very much for your prompt response.

Either Monday afternoon and anytime on Tuesday are good for us. Please let us know.

Take care
omer
On Thu, Nov 16, 2023 at 11:22 AM John Conley wrote:

Hello Omer,
The STR regulations have been assigned to our new Community Development Director, Joe Vacca.

Joe is copied here, and can likely give you some insight on when he anticipates bringing this forward for City Council discussion.

I am also happy to meet with you and Joe to discuss this when you'd like, please advise on when you'd like to schedule this.

Thankyou,
John
John Conley
05/28/2024 PH 1 66 of 73

City Manager
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: 760.643.5201
icon ley_&cityofvista.com
Website I Twitter I Facebook I Instagram
From: OmerAcikel
Sent: Thursday, November 16, 2023 11:17 AM
To: John Conley
Cc: Lisa Scott ; Alexandra Martin
Subject: Re: Short Term Rental Solutions
Good day Mr. Conley,
I want to find out the progress and expected date for the first revision of the STR regulations the city is working on.

I would like to come by to talk to you in person with you and Ms. Chow as well.

Take care
omer
On Mon, Jul 10, 2023 at 12:42 PM John Conley wrote:

Good Afternoon Omer,
The Planning Division is in the process of drafting new regulations for STR's which we expect to bring to Council for adoption once they are ready.

I know Ms. Chow (our Acting Community Development Director) is personally working on these regulations, and she is copied here.

It is taking some time due to the vacancy in the Planning Division that was created with my promotion to the City Manager's office, but it is in process.

Patsy can give an estimate of when we expect these regulations to be brought forward to the City Council.

Thank you,
John
John Conley
City Manager
City of Vista
200 Civic Center Dr
Vista, CA 92084
Direct: 760.643.5201
0conley(a)cityofvista.com
Website I Twit r I Facebook I Instagrarn
From: Omer Acikel
Sent: Monday, July 10, 202312:31 PM
05/28/2024 PH 1 67 of 73

To: Katie Melendez ; John Conley
Cc: Alexandra Martin ; Lisa Scott
;gpak-
To: ; Klara Pakozdi
Subject: Re: Short Term Rental Solutions
Dear Mrs. Melendez and Mr. Conley,
It has been almost 4 months since our meeting in mid -March 2023 about short term rental regulations City of Vista asked their staff to come up after hearing from sufferers and owners alike. We have asked a few times about the progress and have not heard anything back.

As I am writing this message, 343 Palm Canyon, hosting some vacationers: kids screams, music, and general noise people will make when they are on vacation.

Please kindly reply about the status of the short term rental regulations City of Vista is working on.

Take care
omer
On Thu, Jun 1, 2023 at 10:57 AM Alexandra Martin wrote:

been a certain number of incidents, then the owner may lose the license. These is something I agree with.
• Property owners should Not be grandfathered or automatically be granted a short term rental license because of preexisting business started before regulations. • While applying, property owners should be required to post obvious and easy to read signage. This would be so that neighbors are aware of a home owner trying to change the residential property to a business. Neighbors should then be able to have a say whether they would like a business in their neighborhood or not. (I believe it was council member Joe Green who had brought this up)
(The sign should Not be a small paper sign on a window that you have to step on the property to read. It should be something like a sign on the front lawn or somewhere visible to those walking by.)
Ex. Neighbors may not want an entire house turned into a business next their home which may create a loss in their own property value and make it less appealing to sell.

Residents in the neighborhood may also not want the noise pollution or increased traffic.

Ex. Neighbors may be fine with an owner -occupied home where their neighbor rents a room or back house. (we have someone on our street that rents out an RV on their driveway)
• There should be a difference in rules for a home owner occupied and non - homeowner occupied property. I believe this should also apply to properties with large equipment or exterior facilities.
(It may have been council member Green or Contreras who brought this up, but I can't remember for certain)
Ex. Properties with large exterior amenities or large equipment Should be home owner occupied.

residential limit, limiting how many hours loud equipment can be making noise at certain decibels, or a complete silencing of large equipment during the night. (equipment on business properties are used more frequently if not continuously compared to residential use)
Ex. If property has large outside area or exterior amenities, customer/guest's noise should have limitations. (Exterior areas are used more frequently compared to residential use. This could mean all day everyday noise being produced from customers/guests ranging from loud chatter /activities to loud music, etc.....) Ex. For the night noise ordinance, instead of the 10:00pm-7:00am, it should be 9:00pm-8:00am. (B/c groups staying at short term rentals are more frequently on vacation and can create noise at odd hours. This is more geared to exterior use, as there are often guests that disregard that neighbors have to get up early for work) 05/28/2024 PH 1 70 of 73

Add to Packet
Community
Development
John Conley May 1, 2024
City Manager MAY 0 3 2024
200 Civic Center Drive
Vista, CA 92084 RECEIVED
Dear Mr. Conley
Once again I am writing you about STRs, specifically the one located at 853 Crescent Drive in Vista. As parties continue at the 'Tun house," I am still waiting for rules and regulations to be enacted by the City of Vista. It has been an especially long wait for those who gave testimony about STRs as far back as 2021. In a past communication, asked that you and the city council enact a 3 day rental limit but as I continue to investigate STRs in the state, I wish I had asked for a 30 day rental requirement.

Recently, Santa Monica, CA, has wiped out 80% of Airbnb listings by requiring a 30 day rental requirement and adding a new business license entitled "home sharing".

This permit allows you to rent out rooms in your primary residence while you remain onsite throughout the rental period. Perhaps Vista should require such a permit.

In September of 2023, New York City began enforcing rules that amounted to a de facto ban on STRs by requiring a 30 day minimum rental even if the host lives there.

Things got so bad in the state of Hawaii that there is now a bill in the legislature to ban STRs statewide. Hawaii's Governor Green has stated that 52% of all STRs in Hawaii are owned by out-of-state residents and 27% of STR's owners own 20 or more properties. For this reason, the state of Hawaii is concerned about the lack of housing available to local residents.

Outlawing STRs is legal because the houses can still be used by the owner or sold or rented out for long term use. This is something that Airbnb and VRBO don't want you to know. Airbnb is worth $106 billion dollars and is traded on Nasdaq. VRBO and Home Away are owned by Expedia which is valued at $17.83 billion and is publicly traded. In 2022 VRBO accounted for 24% of Expedia's total revenue.

Can Vista answer these questions:
-What percentage of STRs are owned by out-of-state residents? -How many other properties do these investors own"?
-How many of these properties do the owners actually live in? -For those investors who actually claim to live in these properties: are they actually living there or do they hire people to stay there and pretend to be the owners? Local government has the obligation as well as the power to protect neighborhoods, public health, safety and welfare. As neighbors of an STR, we can complain about parking issues, noise, safety issues, underage drinking, wild partying, drug use and weapons that might be brandished or used. Another significant issue is the housing PH
05/28/2024 PH1 71 of 73

shortage in our area. In addition to bringing outside partiers into our quiet neighborhoods, STRs have exacerbated the local housing shortage.

Vista has done nothing to enact rules and regulations since 2021 when others first began to complain about this situation. The,.city has had years and now while others are actually trying to get rid of STRs because of the havoc they have wreaked, Vista is finally discussing regulation. These regulations need to the strong and strict and enforced or otherwise we will continue to be overrun by profiteers and billion dollar corporations that don't live in our neighborhoods and don't care about our neighborhoods or city.

My question to you is when will Vlsta take a stand?
Thank you for your consideration in this matter.

Sincerely,
Anna A. Strawn
cc: Mayor John Franklin
Council Member Dan O'Donnell
Council Member Katie Melendez
Council Member Corinna Contreras
Council Member Joe Green
City Planning Division Joe Vacca
05/28/2024 PH1 72 of 73

From: Mary Cha arro
To: Public Comments
Subject: I Support STRs in Vista!
Date: Friday, May 3, 2024 12:17:55 PM
ISome people who received this message don't often get email from [email protected]. Learn wh, this is im oa rtant
I am a STR Operator and want to express my strong support for vacation rentals in Vista. I firmly believe that these rentals play a significant role in boosting the local economy by increasing revenue towards our cherished local shops and food establishments. The revenue generated from vacation rentals serves as an essential source of funding for our city.

As a STR Operator, I prioritize the implementation of good neighbor policies to ensure that my vacation rental benefits both visitors and residents. My commitment to fostering positive relationships within the community is a priority!

CHAPARRO AND ASSOCIATES

REAL ESTATE

MARY CHAPARRO
619-884-4477
[email protected]
MARYCHAPARRO.COM

BROKER ASSOCIATE I CSP
REALTOR® I DIRE #01083478
:`� C, LUXURY
COLLECTION"
Sent from my Verizon, Samsung Galaxy smartphone
Get Outlook for Android
39 YEARS TRUSTED EXPERIENCE

LUXURY RESIDENTIAL ESTATE SALES

REAL ESTATE ADVISORY SERVICES

NEW HOMES BUILDER SERVICES

CHAIRMAN'S CIRCLE DESIGNEE
THE CHARITABLE FOUNDATION 2023

PRESIDENT

BERKSHIRE I CALIFORNIA

HATHAWAY PROPERTIES

HOMESERVICES
05/28/2024 PH1 73 of 73

ADD TO PACKET
FeCipe C. Cervantes
-Agi Szabo
V 1
May 23, 2024
Planning Division City Hall
200 Civic Center Drive
Vista, CA 92084
City Council Members
John Franklin, Mayor
Katie Melendez, Deputy Mayor
Joe Green, Council Member
Corinna Contreras, Council Member
Dan O'Donnell,Council Member
This letter refers to the proposed amendment to the Vista Municipal Code P24-0107 Temporary Cannabis (marijuana) Events.

Let us start with the general premise that Cannabis
has various mental and physical effects, which
include euphoria, altered states of mind and sense of time, difficulty concentrating, impaired short-term memory,
impaired body movement (balance and fine psychomotor control).

In short, it impairs your driving skills.

What you are proposing is that events be allowed where
marijuana can be transported to, exhibited, sold, and smoked, since this ordinance relates to allowing smoking at public events.

With due respect to the City Mayor and all Council Members, but...

The general plan of the city Land Use and Community Identity (LOCI), Goal 7, states "Support the City economic development strategies by providing an appropriate mix and land uses and an appealing urban setting to attract and retain QUALITY businesses and institutions".
1 PH2

ADD TO PACKET
You plan to facilitate the use of drugs. You are condoning the transportation, storage, demonstration, and USE of marijuana! Is this how you are attracting and retaining QUALITY
businesses?
Are you becoming drug pushers for the Drug Cartels?
The Drug Cartels will be happy to learn that they can count on a city that not only condones, but PROMOTES the use of their harmful product.

The city will apply a "business" tax on the sale of marijuana and charge for the "temporary" use permit. Therefore, the City of Vista profits from the use of marijuana and becomes a profit-sharing partner with the Drug Cartels.

We already have numerous marijuana "dispensaries" in the City of Vista. Soon, the City of Vista will be able to boast that Vista is the "Drug Capital of the United States".

Traffic safety concerns:

The people attending these events will probably drive. They will smoke marijuana, then they will drive home impaired.

Surely, this will result in traffic accidents and deaths. Have you considered that? We already have problems with people driving under the influence of alcohol. Now you, the governing body of the City of Vista wants to add people driving under the influence of marijuana also?
This is a terrible idea; The City of Vista should consider other alternatives than obtaining profits from the use of marijuana.

Respectfully,
Felipe C. Cervantes Agi Szabo
Vista resident Vista resident
4 PH2

ADD TO PACKET
From:

Kristin Janke! & David Sawyer
To:

Public Comments
Subject:

May 28 meeting pudic Comment
note:

Thursday, May 23, 20248:10 06 PM
ISome people who received this message donl often get email frorr-_ eam why this is moostain
Please add to the
May 28th Public Comments
Why do so many have to suffer because of two "party houses"? This is how the new STR code regulation started.

A small group of unhappy neighbors banned together because the city's lacking involvement when it came to holding these 2 "party homes" accountable. Instead of focusing on the actual issues at hand it has now stretched further.

Council wants to over regulate and punish STR hosts that actually have been good neighbors.

What good will come from not allowing ADUs, yurts, vintage trailers , Safari tents, tiny homes , tipis, luxury tree houses, exotic places, bam stays, etc from being allowed as STRs.

The major of these STR hosts are super hosts, guest favorites or in the top 1%-5% of SIR. No other north county city regulates STRs in this manner. We hear that Vista should be a destination that travelers should want to come visit. With thus type of regulation travels will look else where, their lodging options limited. Most SIR travels are looking for fm and different places to stay. However, what is being proposed will limit their options drastically.

The "party houses" still however will be allowed to be STRs. They will have a few new Hiles but at least they can operate.

I highly recommend you change the verbiage and ALLOW these unit types to operate as STRs. These are people's lively holds in most cases and they take great pride in their STRsl Kristin Jankel
Superhost/Guest Favorite/Top 1%
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From:

Lynne Simich-Collier
To:

Public Comments
Subject:

Airbnb regulations
Date:

Saturday, May 25, 2024 8:09:47 AM
[Some people who received this message don't often get email fro . Learn why this is important at https://aka.ms/LeamAboutSenderldentification ] To whom it may concern:

I am writing in regards to the Vista city Council proposed Airbnb short term rental regulations.

I would like to state for the record that we have had many positive Airbnb experiences in our neighborhood.

We live in a small home and adjacent to our home is an Airbnb rental. our family members have been able to access this vacation choice with success.

Having this accommodation option was a valuable and economical experience for our family members.

The Airbnb hosts live on their property and hosted our family members, giving them a chance to be close to us since our home is small. The host provided a comfortable, economical, and safe place to stay.

I believe the Airbnb program in the city of vista should be expanded to include hosts that live on property.

Airbnb properties give our community options for short term stays. This not only helps our community in an economical way, but also helps families who are looking for options that are reasonable and convenient.

Please expand the Airbnb program to include short term rentals to enhance our community and give options for short term stays.

Regards,
Lynne gladfelder
Globaltraveler00
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From: Ume Dana
To: Public Comments
Subject: Supporting STRs in Vista: 2 Concerns w/ Current Proposal AND 1 Additional Solution To Be Considered Date: Tuesday, May 28, 2024 7:51:03 AM
Hello Council Members,
I regret that I won't be able to attend tonight's meeting and will be the first since Council member Melendez brought this into focus in March 2023.

I was present and spoke at the most recent meeting with the Planning Commission in agreement of the outlined permitting process and am one of the 36 STR's accounted for operating with a business license and paying TOT's, contributing to last year's $100,000+ revenue for the city.

I have 2 concerns with the current proposal I hope will be addressed in my absence AND an additional solution for councils' consideration:

1. No wood burning fire pits.
*Could this provision be limited to non -host STR's and language for hosted STR's to be responsible for overseeing or prohibiting wood burning fires during fire season AND in their absence of the property?

2. Not all STR's operating under LLC's are non -host as it is best practice to separate STR's from personal assets. I believe the application clearly stating "host" or "non -host" is the only definitive determinant. Can this be written into the proposal more succinctly or is that already covered "host" and "non -host"? Additional solution:

The proposal speaks of current and future permitting and compliance requirements. The City of Vista can spearhead and receive additional TOT's by identifying more STR's currently operating in Vista not accounted for. Airbnb for instance, upon government agreement, can collect TOT's on behalf of the city, which would identify existing STR's beyond the current 36 to bring into compliance AND receive TOT's immediately upon execution of this agreement OR by setting up a task force who's attention would solely be this whichever feasible. This task force could be comprised of some current above board STR operators (since we already operate and know how to navigate these systems) as a temp hire team which I'd be glad to be a part of OR do on behalf of the city myself.

As a hosted STR , I wholeheartedly support vacation rentals in Vista. They play a crucial role in boosting our local economy, patronizing our cherished shops and eateries. The revenue generated from these rentals is essential for our city's well-being. I understand most if not all the egregious experiences from our citizens' complaints have come from non -host STR's. I'm committed to upholding good neighbor policies for my vacation rental, aiming to create a mutually beneficial environment for both visitors and locals.

Sincerely,
Kyme Dang
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From:

WM PRICE
To:

Public Comments
Subject:

Allowance & regulation of Short Term Rentals within the city Date:

Tuesday, May 28, 2024 12:31:27 PM
Some people who received this message don't often get email from Learn why this is important
To: City of Vista, Vista CA May 28, 2024
From: William and & Diana Price, , Carlsbad, CA
92008;
Re: Regulating Short Term Rental regulation within the jurisdiction of the City.

Dear Sir,
We have been informed that on May 28th, the City of Vista is considering the regulation of Short Term Rentals (STR) within their jurisdiction. We have been hosting such a STIR in recent years in the City of Vista, and are here requesting our ability to continue with such hosting
We have owned property within the city's jurisdiction since the year 2003, and have successfully rented our property to long-term tenants for most of our ownership. In recent years we have enjoyed the income that has come from renting our property as a short-term rental. Since then we have hosted a stream of visitors from outside of the City of Vista, who were, for various reasons, visiting our area, and enjoying our restaurants, and other local businesses.

Please, also, consider that our being well into our retirement years, we are using the income from this property to maintain an independent lifestyle, so as not to be a burden on our family or government services for our care,
We are not opposed to the regulation of STR's. We appreciate that PH1

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there is the potential for a favorable revenue stream for the city, while operating expenses for city's are, each year, generally increasing. We are writing to add our names to the list of those who would encourage the city to favorably consider the value of continuing STR's as a part of the city's planning schedule.

Yours sincerely,
William and Diana Price

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May 13, 2024
Mayor John Franklin
200 Civic Center Dr.

Vista, CA 92084
Re: A May 11, 2024 "rave"party/riot of 125 people at an illegal STR located at 853 Crescent Dr requiring a response from 7 sheriff's cars.

Dear Mayor Franklin
The Planning Meeting regarding rules and regulations for STRs on May 7th proved to be most interesting. It was enlightening to hear impassioned complaints from others who suffer with nearby STRs rented out for parties. People testified to having experienced nudity, drug use, threats, stalking and racist comments. The rules and regulations that Mr. Vacca is developing will be a welcome relief for many.

Hopefully, those regulations will be strict and strictly enforced.

Another interesting moment at the May 7 meeting was learning that the STR at 853 Crescent Ave is unlicensed. This news was shocking since my neighbors and I have referenced that address for months in our letters and emails. Did no one bother to look up that address to see if it was licensed? If the Crescent STR was known to be unlicensed, why weren't the neighbors informed? Why was this STR not shut down? On May 7th the city certainly did know that this house was unlicensed. Why has it not been issued a "cease and desist" order? I am sure that the city should want some kind of punishment to be enacted since this house has been terrorizing the neighborhood and operating illegally for at least a year. This house has not paid its TOT taxes. Shouldn't those two factors be cause enough to shut it down and levy a lengthy suspension prior to it ever receiving an STR license? If this house had been shut down, we wouldn't have had to endure Saturday's mayhem. At least 125 people were in attendance blasting loud music from the early evening on. People were racing up and down my street and adjoining streets to find parking. An interesting side note to this party was that the "party givers" were checking ID's at the front gate. Instead of a legitimate party for family & friend's, this appeared to be a "pay as you go" party involving alcohol and a DJ.

I waited on the phone for the sheriffs for 30 minutes at about 9pm to complain of the noise. I waited another 20 minutes on the phone to lodge my second complaint an hour later. Meanwhile, the owner of the house failed to answer calls from concerned neighbors. At about 10:45 pm or so the sheriff's cars started showing up. In total 7 police cars were brought in to break up this riot. As the police cars arrived, the partygoers immediately scattered, in the process destroying about 8 feet of the neighbor's fence and breaking a pipe.

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Why did the participants scatter so rapidly when the police arrived? Why didn't the owner answer his phone? Why did 125 people show up? Perhaps this had been advertised on social media as an all out "rave" party?
None of this needed to happen. The city did not need to waste time and resources by having sheriffs called to break up "a party." The city should have taken steps to shut down this illegal STIR on May 8. How much are the neighbors supposed to tolerate? How much is the neighbor with the broken fence and pipe expected to endure in her once quiet neighborhood? The neighbor on the other side is a cancer survivor. How much is she supposed to endure? On May 10th, one day before, there was another party at the "Crescent Fun House" in which people started playing basketball at midnight. How many more sleepless nights are neighbors to endure? How many more such nights are nearby elderly people supposed to endure? What about our safety? Is the owner of the unlicensed, untaxed STIR known as "Crescent Fun House" more important that all of us? It certainly seems so.

Many cities have used "cease and desist" orders for unlicensed as well as licensed STRs. For licensed STRs, the cease and desist order is used for violations.

For unlicensed STRs the order can be used to shut down STRs for good. That is something that the city might consider now.

It is important to shut down the house at 853 Crescent Drive, Vista immediately.

It is operating illegally and actually breaking two laws required by the city, the Licensing Law and the TOT law. It is also a nuisance and a threat to the safety of the neighborhood.

Neighborhoods are for Neighbors not commercial businesses.

Thank you for your consideration in this matter,
r
Anna Strawn
cc: Council Member Dan O'Donnell
Council Member Katie Melendez
Council Member Corinna Contreras
Council Member Joe Green
City Manager John Conley
City Planning Division Joe Vacca
PH1

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From: Tim Crowder
Sent: Sunday, May 19, 2024 5:21 PM
To: Corinna Contreras ; John Franklin
Cc: Joe Green ; Katie Melendez ; Dan
O'Donnell ; Joseph Vacca
Subject: The good Vistans who are affected the most
You don't often get email from Learn why this is important Just wanted you to see some of the most amazing destinations that Vista has to offer.

This is only a small hand full of those affected most by the STR regulations. Look at their full calendars! Read their reviews!
I would love to hear anyone in the City Council tell these constituents a valid reason why their STRs would be prohibited.

FYI, Mr Pickering owns too many units in one district and the rest are just plain prohibited.

Why?
Historic Rancho Vista gets new life as Airbnb I Downtown Vista, CA PH1

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Historic Rancho Vista gets new life as Airbnb
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Please address the PARTY HOUSES, not everyone else
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Quality Inspector VI, Supplier Compliance - General Atomics Electromagnetic Systems
Cell (765)242-6823
" Life should not be a journey to the grave with the intention of arriving safely in an attractive and well preserved body, but rather an adventure to skid in sideways grinning from ear to ear, screaming... "WHOO-H000, what a ride!" PH1

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From: Rick Heuer
Sent: Monday, May 20, 2024 12:46 PM
To: Public Comments; Kathy Valdez; John Franklin; Corinna Contreras; Joe Green; Katie Melendez; Dan O'Donnell
Subject: In favor of Short Term Rentals
ISome people who received this message don't often get email from Learn why this is important Recently my wife inherited her family home in Vista that her father built and where she grew up. Our goal has been to do needed work on the house and be where we retire and move to and have it available for our children to live in. The only way we can fulfill that goal is to do limited short-term rental of the property this also keeps it available for our children to enjoy. We hired a professional management company to pre-screen renters and to ensure there are no issues. We have been in constant contact with our neighbors, and they have our direct contact information should there be any issues. To date there have not been any. can understand the concern of some about having potential problems from living next to a short-term rental. Many have had the experience of having a "neighbor from hell", unlike those which you are stuck with long term a problematic short-term rental is exactly that short term.

The key is having professional management who are there to resolve issues. We are currently licensed by the City of Vista and hope to continue the responsible short-term rental of our property for a couple of years until we retire and can move to Vista permanently.

Sincerely
Rick & Michelle Heuer
Vista Property Owner
1 PH1

PH1: Short-term Rental Permit Ordinance
Planning Case No. P24-0079 – City of Vista
City Council Public HearingMay 28, 2024

Short-term Rentals, (STRs), have become more
prevalent in Vista.
Contribute to Economic Development, and
Need to be regulated to safeguard peace,
safety and general welfare of existing residential
neighborhoods, to ensure compatibility.
•There are currently 36 STRs in Vista that have
business licenses and are completing payment of
Transient Occupancy Taxes (TOT):
District 1 has 4 STRS
District 2 has 18 STRs
District 3 has 8 STRs
District 4 has 6 STRs
Short-term Rentals (STRs)

March 14, 2023, Deputy Mayor Melendez placed Short-term Rentals on the agenda for City Council discussion.
15 public speakers voiced opinions in favor of establishing regulations for permitting STRs.
•City Council determined an ordinance should be prepared to regulate and permit STRs and directed staff to proceed with code amendments. •Staff prepared Vista Municipal Code Chapter 8.34, Short-Term Rental Permit ordinance, to regulate and create a permitting process for Short-term Rentals; and amend Development Code Chapter 18.02 to update the definition of Guesthouse.

Short-term Rentals Background

Section 8.34.010 Purpose – Findings and Determinations The purpose of this chapter is to establish reasonable regulations for short-term rentals
To safeguard the peace, safety and general welfare of
neighborhoods within the City by minimizing negative secondary effects related to short-term rentals such as excessive noise, disorderly conduct, illegal parking, overcrowding, and excessive accumulation of trash.
By reducing any adverse impacts of short-term rentals, these regulations also ensure compatibility with surrounding
neighborhood uses.

Short-term Rentals

This Section provides definitions for “Agent”, “Bedroom”, “Broker”, “Hosted unit”, “Non-hosted unit”, and “Owner”.
“Short-term rental”: is defined as the rental of any legally permitted dwelling unit or any portion of any legally permitted dwelling unit, including detached single-family residences, guesthouses, condominiums, duplexes, townhomes and multiple-family dwellings, for occupancy for dwelling, lodging or sleeping purposes for a period of 30 consecutive calendar days or less, counting portions of calendar days as full days.
Short-term rentals are not allowed in: Accessory Dwelling Units; any Trailer Coach; nor in Recreational Vehicles.

STR Section 8.34.020 Definitions

Section 8.34.030 Short-Term Rentals Allowed
•Short-term rentals are allowed in residential zones and residential use areas in Specific Plans.

Section 8.34.040 Authorized Agent
•Owners may authorize an agent to manage STR, and owners and agents must comply with all STR requirements.

Section 8.34.050 Short-Term Rental Permit Requirements
•Prior to renting or advertising a STR, the owner or agent shall obtain:
(1) a business license; (2) a transient occupancy registration certificate; and (3) a short-term rental permit based on this ordinance.

STRs

Section 8.34.060 Short-Term Rental Permit Application and Issuance A short-term rental permit application is required for each STR unit.

•The permit application will be on a City-approved form and must be complete and accurate.
•The applicant must pay for a business license, the STR permit fee and must also pay Transient Occupancy Tax.
•Any false statements on the application are grounds for denial, or revocation. •The STR permittee agrees to defend, indemnify and hold harmless the City from any and all liability arising out of the actions permitted.

STRs

Section 8.34.070 Short-Term Rental Operating Requirements This Section outlines operating requirements for use and occupancy of STRs:
•Public Nuisance Prohibited. STR must not have unruly gatherings nor behavior. •Noise Violations Prohibited. Must comply with Noise ordinance. •Permitted Occupancy. STRs are limited to 2 persons per bedroom or studio, plus 1 additional person per dwelling unit.
3-BR House: Occupancy 7 persons
•Parking. Must not exceed on-site parking beyond the number approved in the STR permit.
Single-family House: 4 Onsite-parking spaces
STRs

STRs
Section 8.34.070 Short-Term Rental Operating Requirements (continued) •Trash and Refuse. STR must use approved receptacles and comply with refuse requirements.
•Rental Agreements. STR rental agreements must comply with permit requirements.
•Outdoor Fire Pits. STRs are only allowed to have natural gas/ propane fireplaces / open wood-burning fire pits and bonfires are not permitted. •Grills & Barbeques. Must be propane or natural gas at safe locations, and charcoal grills are not permitted.

STRs
Section 8.34.070 Short-Term Rental Operating Requirements (continued) •No Roof Access. STR occupants are not allowed roof access. •Life/Safety Compliance. STRs must meet basic life/safety requirements with operable smoke and carbon monoxide alarms, fire extinguisher, and first aid kit. •Inspections. The City must be allowed to inspect STRs in response to any complaint received by the City.
•No Subletting. The subletting of a STR is prohibited.
•Special Events and Temporary Uses Prohibited. Special events such as weddings, corporate events, commercial functions, are prohibited at the STR. •No Commercial Filming. No commercial filming may occur at a STR.

STRs
Section 8.34.070 Short-Term Rental Operating Requirements (continued)
•Permitted Guest Hours. STR occupants may host guests only during the hours of 8:00 a.m. to 10:00 p.m. daily.
•Advertisements. Advertising STRs is not allowed unless an STR permit has already been reviewed and approved, and advertisements must conform to STR permits.
•Minimum Night Stay. Non-hosted units shall have a minimum night stay of 2 consecutive nights. This provision does not apply to hosted units or to short- term rentals in multi-family residential dwellings.
This Section provides that “non-hosted” units may not be rented for one night and this is intended to avoid one-night rentals solely for parties.

STRs
Section 8.34.070 Short-Term Rental Operating Requirements (continued) •Maximum Number of Short-Term Rentals. An owner is limited to operating a maximum of 5 short-term rentals per City Council district. This requirement is intended to ensure that residential units continue to be made available for longer term housing and also guards against a multi-family residential or apartment development from being converted to a hotel. •Interior Display of Short-Term Rental Permit. The STR operation shall have a display on the inside of the main entry door that includes: (1) the STR permit that applies to the unit; (2) the maximum number of overnight occupants permitted to stay in the unit; (3) the maximum number of vehicles/parked; and a (4) 24-hour, seven-day per week local phone number of local contact person.

STRs
Section 8.34.070 Short-Term Rental Operating Requirements (continued) •Exterior Complaint Phone Number Display. STR to display on a front window:
(1) a 24-hour, seven-day per week local phone number of a designated contact to take complaints regarding the unit; (2) the number of bedrooms; (3) maximum number of occupants permitted to stay in the unit; and (4) the maximum number of vehicles/parked.
•Response Requirements. The responsible person is to respond to any notification that their occupants or guests have violated rules applicable to the STR as soon as practically possible, but within 1 hour at the latest.
•Compliance with Laws. STR shall comply with all applicable provisions of this Code, and all other federal, state, and local laws, rules, and regulations.

STRs
Section 8.34.080 Violations, Enforcement and Penalties
•Any person violating any of the provisions of this chapter shall be subject to enforcement per Chapter 1.12, and this may include revocation of STR permit. •The following penalties apply to administrative citations issued for violations:

1. For a first administrative citation, a fine not exceeding $500 per violation of each provision of this chapter.

2. For a second administrative citation within one year of the first citation, a fine not exceeding $1,000 per violation of each provision of this chapter.

3. For a third or subsequent administrative citation within one year of the first citation, a fine not exceeding $1,500 per violation of each provision of this chapter.

STRs
Section 8.34.090 Denial, Suspension and Revocation
•Denial, Suspension or Revocation. A STR permit may be denied, suspended, or revoked by the City Manager, or designee, pursuant to this section.
•Grounds for Denial or Suspension. May be denied or immediately suspended if:

1. The application or renewal application for the STR permit does not comply with all the requirements of section 8.34.060. (STR Permit Reqs.).

2. A material misrepresentation, false or misleading information was included on the application or renewal application for the STR permit.

3. An authorized official has cited the STR property for health or safety violation(s) and such violation(s) remain outstanding.

4. The use or occupancy of the STR property has been cited by an authorized official for felony violation(s) and criminal prosecution is pending.

5. A delinquency in payment of any outstanding fees, assessments or taxes owed to the City related to STR property, and/or, Transient Occupancy Taxes (TOT).

3 STRIKES = Revocation
Section 8.34.090 Denial, Suspension and Revocation (continued) •Revocation of Permit. If a third administrative citation is issued for violation(s) of this chapter at a STR within 1 year, the City shall revoke the short-term rental permit upon a determination that the violation(s) alleged in the third citation has occurred. The City shall immediately revoke the STR permit upon final determination that a felony violation relating to the use or occupancy of the STR has occurred. •Appeal of Denial, Suspension or Revocation. Any denial, suspension or revocation of a STR permit shall be made by the City in writing and is subject to the appeal procedures set forth in Section 5.04.210 of the Code.
•Prohibited Operations. If a STR permit is revoked, a STR shall not be operated at the property for a period of 12 months from the date of revocation unless the property has been sold and the new owner can demonstrate to the City that a change of property ownership occurred during that time period.

“Section 18.02.325 Guesthouse:
“Guesthouse" shall mean living quarters within an accessory building for the sole use of the primary occupants of the premises or for temporary use by guests of the occupants of premises, which living quarters have no kitchen facilities and are not rented or otherwise used as a separate dwelling. No guest house shall exceed 700 square feet in gross floor area.

No guest house shall be more than one story in height. It may be located on the top of another single story accessory structure.”
•This definition is being updated so that legally permitted guesthouses can be rented as STRs in compliance of the
regulations and an approved permit.

Section 18.02 Definitions

Staff collaborated closely with the City Attorney, and City Manager’s office staff, Code Enforcement, Economic Development, Finance, Police, Fire, Building and Safety and Planning Staff.
If approved, Staff will collaborate with all Departments on the administrative process for accepting, reviewing and approving STR Permit applications.
A fee is proposed for City Council consideration, that is intended to cover staff time of STR permit application review, in the amount of $166.82. Last year, Transient Occupancy Taxes collected for the 36 STRs was 101,000. and staff anticipates this increasing as more STRs are permitted.

STRs

The Planning Commission reviewed this at a public hearing on May 7, 2024:
•There were 18 public speakers, generally in support.
•Planning Commission voted unanimously in support, and
adopted a resolution that changed the time for STR operators to respond to complaints from within 24 hours, to 1 hour; and, •Recommended City Council approval of the ordinance including that change.

Planning Commission Review

•Recommendation is for City Council to open, conduct and close a public hearing to receive testimony; and,
•Adopt Ordinance No. 2024- , approving the addition of Vista Municipal Code Chapter 8.34, Short-Term Rental Permit, and amendment of Vista Development Code Chapter 18.02,
Purpose, Interpretation and Definitions, related to regulating and creating a permitting process for Short-term Rentals. •Adopt City Council Resolution No. 2024- , approving a filing and processing fee for applications to permit short-term rentals.

Recommendation

PH1: Short-term Rental Permit Ordinance
Planning Case No. P24-0079 – City of Vista
City Council Public HearingMay 28, 2024

Vista City CouncilMay 28, 2024

Vista City Council
May 28, 2024