Editor’s note: See the separate and accompanying story which describes the comments from Idyllwild residents or STR owners during the commission meeting.
Wednesday, Aug. 23, the Riverside County Planning Commission recommended that a revised Ordinance 927, “Regulating Short Term Rentals [STRs],” be sent to the board of supervisors next month for adoption. After hours of public comments, both in the board room and online, the commission recommended the revised 927 go forward to the supervisors after a 4-0 vote. Commissioner Romelio Ruiz (5th District) was absent.
The meeting had three distinct parts: Deputy County Counsel Sarah Moore discussed the process to develop the proposed revised Ordinance 927; several hours of public speakers, both at the session and calling into the meeting; and commissioner questions prior to the vote.
Staff presentation
Once Ordinance 927 was revised last fall, the Planning Department began taking steps to review and assess further changes such as caps and density limitations. This included creating two advisory groups — one for Idyllwild and Pine Cove, and the other for the Wine Country.
Both groups have had several meetings with county staff as well as supervisors Chuck Washington (3rd District) and V. Manuel Perez (4th District) and their staff.
Moore discussed these meetings, the different concerns from the two areas, and then presented the proposed changes. Some of these would apply to the entire county, but most of these changes to the ordinance are specific to Idyllwild-Pine Cove, the Wine Country (which has three districts pursuant to the proposal) or both.
General comments
In her beginning, Moore stated that STRs are not meant to be used for special events, such as weddings. Depending upon the size, special events may need a permit, according to Ordinance 348.
“Neighborhoods should be neighborhoods,” she said. “They should function as a neighborhood. It was said many times [during the meetings], ‘You should not even know that a short-term rental is there … Not all STRs are a problem for the community.”
Specific Idyllwild rules
With respect to Idyllwild STRs, Moore stated that the proposal would limit the number of STRs an individual or entity may own to two. Currently, several people or entities own more than two STRs. The count will allow these certificates to be renewed up to three times before the limitation of only two is imposed.
A cap, or limit, will be placed on the total number of STRs in both Idyllwild and the Wine Country. In Idyllwild, Moore said the cap will be 14% of the 3,567 current residential units. When approved, Ordinance 927.2 will allow up to 500 STRs in Idyllwild and Pine Cove.
The Planning Department has issued 474 STR certificates, which means another 26 STR certificates can be issued once the moratorium ends, which would be Sept. 9, without an extension. But a proposed one-year extension, or until a new Ordinance 927 takes effect, is on the supervisors’ Aug. 30 agenda.
The proposed density limitation is 150 feet between STRs. The distance will be measured from the property line of the certified STR, according to Moore. However, if the proposed changes are approved, certified STRs within 150 feet of another properly certified STR may continue to renew their certificate.
The county will use attrition of existing certified STRs to enforce the density limit so STRs adjacent to each other can continue to operate according to the revised ordinance.
New STR certificates
If the board approves the proposed revisions to Ordinance 927, the county may issue another 26 STR permits in the Idyllwild area. The new STRs must comply with the 150-foot density rule. Existing approved STRs will be exempt.
A lottery will be the basis for issuing new certificates with an exception for some existing but uncertified STRs. Moore noted that a lottery system was the most legally defensible procedure for issuing new STR certificates.
Early in her presentation, Moore noted that several property owners, in both Idyllwild and the Wine Country, had been paying the Transient Occupancy Tax (TOT) this year, but did not have an approved STR certificate.
Before using the lottery system, these applicants will be given a first choice to receive a STR certificate if they pass the inspection and other rules. In Idyllwild, the county believes that 17 properties have been paying the TOT without a certificate.
If these owners qualify for a certificate, the first Idyllwild lottery would allocate nine certificates.
For the lottery, the county will have a 15-day notification period, a 30-day application period, then the lottery. Any chosen property must comply with the current rules for STR operations. If an applicant does not qualify, a new applicant will be chosen.
Countywide provisions
The county now will require the person making the STR reservation and becoming the responsible guest be 21 years old. In the Wine Country, it will be 25 years.
The outdoor signage will be 2-feet-by-2-feet, but Moore stressed it “must be readily visible by the public.”
The “Good Neighbor” brochure given to guests must now be signed by the responsible guest. And if there is a violation for which a fine might be levied on the STR owner, the guest also may be fined. Moore added that this was a recommendation from the advisory groups.
A new criterion for revoking a permit will be proposed. Currently, the county has three criteria. The first is failure to comply with an order from a law enforcement officer. For example, after a complaint is called to the hotline and a sheriff’s deputy comes to the door and asks the guest to be quiet, if they refuse that will be noted as a criterion for revoking the STR certificate.
If an STR certificate owner receives three notices of violation within 12 months or seven in three years, their certificate can now be revoked.
The county is now proposing that giving or providing false or misleading information on the STR application will be a criterion for revocation. This is similar to the rule for conditional use permits.
Commission comments and action
After more than two hours of public comments (see accompanying story), the commission asked questions of the staff and then voted to recommend the board approved the revised STR ordinance.
Commissioner Marissa Gruytch (2nd District) asked how the cap number would be changed over time.
In response, Moore said it would be specified in the ordinance and would have to be changed by amending the ordinance. Merely noting an increase in the number of residential units in an area would create a moving target for the cap. This would be impossible to regulate.
Commissioner Shade Awad (1st District) was interested in the relationship of STRs to Ordinance 348, Land Use Zoning. In response, Moore stated that renting an STR in a residential zone is limited. The renting must remain “incidental and secondary to that primary residential use which is why it is in its own ordinance.”
Awad also asked about the enforcement actions. Code Enforcement (CE) Director Robert Magee replied that since February, 82 calls were phone in complaining about noise. CE has issued one notice of violation from the responses to these calls. More notices were not issued because the problem had ceased by the time his staff arrived at the location.
“Our goal is we do not punish nor do we protect. We work to get pathways to compliance. So, if the noise is cut off, we’ve achieved that goal,” Magee told the commission.
Commissioner Guillermo “Bill” Sanchez (4th District) recommended one change to the proposed recommendation. He requested that, after two years, the commission review how the new ordinance has been working. This would be before the three-year limit on ownership of more than two STR permits.
His colleagues agreed and voted unanimously to recommend that the supervisors approve draft Ordinance 927.2.
Before the vote, Chair Gary Thornhill (3rd District) praised the staff, advisory groups and others who worked on this proposal.
“This has been very difficult for everybody,” he began. “The county has done as much as it could possibly do to bring the two sides together in this struggle. With rigorous enforcement and making sure operators are responsible for what happens in the Wine Country and Idyllwild, it will make a huge difference in the long run and that will address a lot of concerns with this [issue].”
