Thoughts on short-term rentals draft

Riverside County’s Planning Department has proposed major changes to Ordinance 927, “Regulating Short Term Rentals” (STRs). The draft is available for public comment. (See the March 10 edition of the Town Crier for details on the proposed changes.)

The existing ordinance was approved six years ago when STRs were raising hackles mostly in the county’s cities. However, the attraction of Idyllwild, a mountain community with forest, quiet and, perhaps, quaintness, continued to draw visitors.

Even before the COVID pandemic, when the “work from home” trend became popular, STRs were growing on the Hill as the demand for rooms quickly outdrew availability at local inns and motels. But with this expansion into local neighborhoods and streets, visitor comportment also began to degrade, and occasionally disturb and disrupt longtime residents.

County leaders saw and heard of the problems. The issue of greater regulation of STRs was on the board of supervisors’ agenda two years ago. And just last June, the county grand jury issued a report on the ineffectiveness of the current county Ordinance 927.

Many residents have been agitated to do more than leave notes on car windows of visitors. A town meeting about STRs attracting more than 100 people on both sides of the issue was held in November.

In response to citizen concern, the county disseminated a revised Ordinance 927 in fall 2020. But as local ire grew with the increase in STRs, the county released a second revision to Ordinance 927, which has incorporated many major changes but not all the recommendations. This draft is scheduled to be addressed at the April 20 Planning Commission meeting.

Local comments have generally been supportive of the proposed changes, but many believe the draft does not sufficiently address the specific problems of STRs on the Hill.

For example, local resident Terry Shirley said he has spoken to many concerned people about this draft. “Some are happy and some find it lacking in areas. Nothing written can satisfy 100% of people.

“It is an improvement over the original 927; it added a lot. I sense input from individuals, organizations and the grand jury report,” Shirley continued. “But it could cover a lot more points.”

Expressing a similar view was 10-year resident, businessman and president of the Idyllwild Mountain Community Patrol Joel Feingold who said of the draft, “I think it has a little more teeth, but it’s not the final ‘final.’”

One of the changes that all endorsed was the requirement that STRs install a noise monitor. Shirley believes a lot of STR owners support this provision, and it is probably accepted by most people concerned about the STR growth.

Besides stating compliance with Noise Ordinance 847, the draft also states compliance with Ordinance 924 — loud and unruly parties — must be observed. This was a specific recommendation in the June 2021 grand jury report on STRs.

Pine Cove resident Woody Henderson also likes the requirement of an installed noise monitor but believes the draft ordinance does not specify how it will be enforced. For example, who will have access to the data and when will it be available, he asks.

Major issues or omissions

The three major concerns with or objections to the 927 draft were the effectiveness or strength of enforcing it; the location of county officers (Code Enforcement [CE] or the Sheriff’s Department) who respond to complaints (especially late at night); and a specific limitation on the number of STR units in Idyllwild.

“If the ordinance doesn’t have teeth, then the requirements are only suggestions,” Henderson stressed. “If there is no threat that the STR owners could lose their certificate, there is no reason to comply.”

In a separate email, Henderson noted, “When you read other municipality STR ordinances, there are big fines and strong enforcement mentioned throughout. There is nothing like that in [the draft 927].”

The draft specifies that a public hearing would be held to review violations and complaints about an STR, but the hearing will be in Riverside.

Both Feingold and Shirley acknowledged that some STR owners manage their properties to avoid nuisances and problems. They’re grateful for that type of cooperation.

Beyond the general worry about the ability to enforce the ordinance, they thought CE staff or the sheriff’s deputies who do respond to complaints and other problems need to be located much closer to Idyllwild than Hemet or Anza, which can be a 40-minute drive to Idyllwild.

In fact, Henderson noted that on three of four calls he has made to the Sheriff’s Department for assistance regarding an STR problem, no deputy has appeared.

The Sheriff’s Department has consistently stated its deputies will respond, but there is a priority to those responses. Individual endangerment, such as a traffic crash, gun shots or break-ins will be a higher priority than a noise or parking issue.

In November, the supervisors approved $770,000 to expand CE staff. About half of those funds were for vehicles. While that would help with increasing enforcement, Henderson said their workday is from 9 a.m. to 5 p.m., which does little to improve responses to late-night and past-midnight disturbances.

Feingold recommends that STR neighbors who have a complaint should first call the 24/7 contact person, give them an hour to respond and resolve the issue. If it is still a problem or nuisance, that is when CE or the Sheriff’s Department should be contacted.

Shirley was more specific. He argues that as fees, fines and Transient Occupancy Tax collections increase, the county should use a portion of the added revenue to assign a CE officer to be present in Idyllwild, not just have more available to respond.

In comparing enforcement of STR regulations in county cities and the Hill, Henderson stressed, “… those places have local sheriff or police stations to enforce, we do not… Our problems will not be resolved without locally based STR inspectors or officers available to knock on a door 24/7.”

The third major issue with the draft Ordinance 927 is the lack of a specific limitation on the number of STRs permitted in Idyllwild and Pine Cove. The commenters were unanimous in their opinion that a limit is necessary.

First, they pointed to the STR ordinances in various Riverside County cities, such as Palm Desert, which all impose a limit on the number of STRs to be available within their jurisdictions.

“Missing is an actual limitation,” Feingold said. “At this point, we’re close to the saturation point.” One person noted that more than half of the current county STR certificate are facilities located in Idyllwild.

“A limitation is my major concern,” he said. “All the cities in the desert, Temecula, and Riverside have a limitation on the number of STRs to be permitted. This draft is deaf to the residents. A limit on the number of available rooms is needed.”

One advantage of a limitation, according to its advocates, is it might reduce the number of STR owners who don’t live on or near the Hill and are only buying homes to rent as an investment.

“They have no real interest in the community,” Shirley believes. But rentals such as cabins have been a longtime practice here. Thus, he and others believe that local STR owners are much more sensitive and aware of potential problems.

Other issues

The new minimum stays, inspections and a limit on number of renters were positive additions, most people felt.

The draft ordinance specifies that a rental must be for a minimum of three days and two nights. Shirley argued that this places STRs on par with most of the inns and lodges on the Hill. One-night stays at these facilities are a rarity.

Requiring an inspection of a facility requesting an STR certificate can occur now, but if the revision were approved, there will be random inspections in the future as well as when the owner applies for the certificate renewal.

Also, most felt the information on the required posted sign at the front of the STR and visible from the street is important for the neighbors. Information on the sign includes the identity and telephone number of the person responsible for answering any complaints. Emergency numbers for the Sheriff’s Department, local emergency medical services and CE’s 24-hour number also are to be included and visible.

Feingold believes this is an improvement, but admits it’s also a double-edged sword. “Some won’t like it because it screams ‘I am an empty house.’”

But its purpose is to identify STRs and let neighbors know the responsible immediate contact. This person is responsible for the STR and is supposed to respond to complaints within 60 minutes.

“This takes the guess work out of who manages the STR and who is the go-to-person,” Feingold noted. Identification of this individual is critical, in his opinion, because CE “… is not the first line of defense. You first have to call the 24/7 person.”

Draft Ordinance 927 is available at https://planning.rctlma.org/Portals/14/2022-02-28_DRAFT_STR_Ordinance.pdf.

The mailing address for comments on Draft Ordinance 927 is Riverside County Planning Department. Attn: Short-Term Rentals Draft Ordinance, 4080 Lemon St., 12th Floor, Riverside, CA 92501.