A set of proposed new requirements for short-term rental properties in unincorporated areas of Riverside County will be scrutinized Tuesday by the Board of Supervisors, with expectations for a large public turnout — and strong opposition to multiple facets of the framework.
The county Planning Commission had two hearings on overhauling the existing Short-Term Rental Ordinance — No. 927 — and recommended what amounts to a new measure for approval by the board, which must hold two hearings before anything can be approved.
Since the start of the year, even before the Transportation & Land Management Agency drafted the proposed revisions, property owners have been appearing before the board to protest what they perceive as an onerous, unfair and potentially economically harmful regulatory apparatus.
“While short-term rentals have been a staple in the county, and they provide a benefit to the county by expanding the number and type of lodging facilities, the exponential increase continues to cause adverse impacts that have the potential to endanger the health and safety of residents and guests, and the very environment and resources that attract visitors to the county,” according to a TLMA statement.
“Adverse impacts to surrounding neighbors and properties include unpermitted large-scale events, excessive noise, disorderly conduct, traffic congestion, illegal vehicle parking and accumulation of refuse.”
The revised ordinance would mandate that a “responsible operator” be clearly designated before a short-term rental certificate is issued by the Department of Planning. The operator could be the owner of a property, or someone selected by the owner to act as his or her representative.
Rentals would also need to have a “responsible person” on-site during the time the property is leased, and that individual could be one of the guests.
Short-term rental certificates, if approved, would be good for a year. Units defined as short-term rentals would provide temporary living space for a maximum of 30 days, but not less than two, according to the proposed revisions. The properties would be subject to a 10% transient occupancy tax, much the same as hotels and motels.
However, the Short-Term Rental Ordinance would not apply to, or include, hotels, motels, dormitories, hostels, recreational vehicles, transitional housing facilities, camp sites and a number of other living spaces. They may, however, include single- or multi-family houses, condominiums and lots with multiple cabins.
The application fee to establish a short-term venue would be $250 to $740, depending on the size, and annual renewals would run $100 to $540.
The proposed regulations would require the responsible operator to clearly post sanitation, noise and occupancy requirements as part of the short-term rental permit. Operators would also have to notify neighbors within 300 feet that a property will be utilized for rotating rentals, and signage would have to be posted in plain view on the exterior of a property with the contact information for operators in case of problems.
The revised ordinance would mandate that an operator respond within 60 minutes to complaints or emergencies; otherwise, he or she might be subject to civil penalties, and the short-term rental certificate could be revoked. A “three-strikes” rule would be in effect, mandating revocation for three or more violations in a year.
Noise monitors — indoors and outdoors — would be required to be installed at each property to ensure disturbances are minimized. The county’s “quiet time” rules, specifying no loud noises between 10 p.m. and 7 a.m. would additionally need to be observed.
The indoor noise surveillance has met with stiff opposition due to privacy invasions, and county officials noted in documents that the indoor monitors idea might need to be shelved.
“Light trespass” regulations would further be put in place to prevent over-illumination that disturbs neighboring properties, according to the proposal.
The proposed occupancy rules state that two persons for each bedroom would be allowed to stay in a short-term dwelling, as well as one person per unit, for a maximum of 10. However, up to 16 might be allowed if certain Building & Safety Code standards are met, or the property is 5 or more acres in size.
Code enforcement officers would be permitted to conduct an initial inspection of a short-term rental as part of the certificate issuance to ensure there are no health and safety violations, as well as conduct follow-up inspections as needed, according to the proposal.
The county has already established a “special enforcement team” of code enforcement officers dedicated to policing “party house” complaints on weekends and during nighttime hours.
Noise, health and other violations could result in citations of between $1,300 and $5,000, depending on the circumstances, though officers and deputies would have discretion in all cases.
In February, the board approved a $346,240 contract with San Diego-based Deckard Technologies Inc. to manage the registration of short-term rentals, keep track of tax payments and handle the production and distribution of brochures for operators.
Ordinance No. 927 was approved in January 2016, establishing basic criteria by which short-term rental property owners and agents are supposed to abide.
Officials said there are roughly 1,000 registered short-term rental businesses in unincorporated communities, but they believe the unregistered number could be three times that amount.