Tuesday, Nov. 7, the Riverside County Board of Supervisors is scheduled to review a revision of Ordinance 927, “Regulating Short Term Rentals.” This is the culmination of many meetings, small and large, since last October when the board last approved changes to the ordinance and, concurrently, imposed a moratorium on new short-term rental (STR) certificates.

During the year, the county Planning Department assessed further changes to the STR regulations, such as caps and density limitations. During this process, two advisory groups — one for Idyllwild and Pine Cove and the other for the Wine Country — were formed.

Both groups had several meetings with county staff as well as supervisors Chuck Washington (3rd District) and V. Manuel Perez (4th District) and their staffs to discuss STR issues and enforcement of the ordinance unique to their individual areas.

The attention to these two areas begins with Section 1, “Findings,” of the draft ordinance. This paragraph specifically notes that the increase in STRs has been greater in Idyllwild and the Wine Country than throughout the county.

The proposed revisions provide several reasons for treating these two areas differently than the rest of the unincorporated area of the county. First, it states that the number of STRs in these areas far exceeds the concentration in any other area. Secondly, this high volume of STRs affects the price of housing and the cost to rent is pushed higher. And finally, it notes that Idyllwild is adjacent to a national forest, consequently it has more potential for evacuations because of possible wildfires or mudslides and must receive special attention.

Concern over how to regulate STRs has been a vocal issue on the Hill for several years. This board meeting may be the final opportunity to address the STR situation for several more years.

Joel Feingold, an Idyllwild resident and longtime advocate of some controls, said, “I would implore anyone, and everyone who cares about the peace and sanctity of the residential neighborhoods to either show up at the Riverside County meeting on Nov. 7, call in, or at minimum, email the county letting them know how you feel. Rest assured, as stated already, the industry is pushing back very hard.”

But Jon Brown, another Idyllwild resident, expressed a different view, “I think [the revised draft ordinance is] unnecessary and there are many minor issues with it and one big one. It doesn’t significantly impact existing STR Owners.”

The proposed ordinance now references a court case (Protect Our Neighborhoods v. City of Palm Springs [2022] 73 Cal.App.5th 667) to justify its intent that STRs are an ancillary and secondary use of residential property, and one purpose of the ordinance is to ensure that remains an STR’s purpose.

Many of the new sections and provisions specifically address Idyllwild and the Wine Country, either together or separately. For example, “caps” and density limitations are being proposed in both communities.

These communities are defined in the ordinance. Idyllwild includes Pine Cove, as designated in the Riverside County Comprehensive General Plan. And the Wine Country has three separate areas.

Caps

A cap or limitation on the number of STRs is included in Section 10 (d) for Idyllwild and Section 9 (f) for the Wine Country. This provision states, “The Short Term Rental Cap for Idyllwild shall be determined by a percentage of the existing single family residential units in Idyllwild, as of the effective date of this ordinance.”

And then it explicitly limits the number of STRs in Idyllwild to 500, or 14% of the current single-family residential units in Idyllwild. Once this limit is reached, the county will not issue any new STR certificates until the number of approved certificates falls below the limit.

In the Wine Country, the percentage cap is different for the three districts. The cap for the Winery District is 114 STRs, which is equivalent to 15%, for the Equestrian District the cap is 8 units or 8%, and in the Residential District, the cap will be 105 STRs or 10.5%.

Many residents consider the abundance of STRs as a nuisance if not a menace. Caps would place an upper limit, but several residents note that the 14% and 15% caps are much greater than most of the Riverside County cities impose.

Density

“The big issue for Idyllwild though is the 150-density limit for Idyllwild. The density limit renders the 500 cap nearly meaningless,” Brown stated.

Section 10 (e) of the draft ordinance requires at least 150 feet between STRs. Any new application for an STR certificate will be denied if that property is within 150 feet of an existing certified STR.

However, for an STR owner with an existing and certified STR, even though it may be within 150 feet of another certified STR, the county will make an exception if the owner applies for a renewal of the certificate. As long as the owners of these STRs comply with the ordinance’s other features, their certificates will continue to be renewed.

Brown considers this provision significantly restrictive. He noted in his email, “I think the majority of Idyllwild property owners wanting an STR certificate in the future will be shocked to discover they’re currently within 150 [feet] of an existing STR and have no recourse to ever get an STR certificate due to this ordinance.”

In his analysis, Brown opined, “150 [feet] sounds small to some people, but with a 70 [foot] wide lots, that excludes 3 doors away . . . to the left and right. That’s 6 [properties]. Then it also excludes 3-5 lots across the street and 5-8 lots behind. That’s 8 more. I can’t analyze them all, but conservatively that’s 14 properties neighboring any STR in the cases I have looked at.”

Limits on owning STRs

Section 10 of the draft ordinance specifically addresses ownership and operation of STRs in Idyllwild.

This is another new restriction on the number of STRs a person may own in Idyllwild. Owners (“Owner, Owner Entity, and any ownership interest, or responsible person for the ownership interest of the Owner or Owner Entity”) may not hold more than two STR certificates in the Idyllwild area. They may have STRs in other unincorporated areas of the county.

If the ordinance is passed with this language, existing owners with three or more STRs will be exempt for three years. At that time, any request for renewal of an STR certificate must comply with this limitation.

Mark Dean, president of the Pine Cove Property Owners Association (PCPOA) and neighbor to five STRs, is concerned about this provision. He noted, “I do find it very disappointing that the planning commission is putting in language that reduces ownership of max number of STR’s to 2 over 3 years, and yet the issue that is more detrimental to neighborhoods (the density problem) that while it is being addressed with the (Idyllwild/Pine Cove) density limit of 150 feet minimum between STR’s, yet those entities get grandfathered in with no phase out.”

Lottery or new STR certificates

If the number of STR certificates in Idyllwild or the Wine Country does not exceed the cap, new certificates will be issued. But there will be a priority.

The county will issue an STR certificate first to a property that has been paying a Transient Occupancy Tax (TOT) for the period of Sept. 13, 2021 through Sept. 13, 2022.

These properties are in Tier 1. John Hildebrand, planning director, estimated that 17 properties meet this qualification. According to Brown, “They paid TOT but either never had or did have and accidentally let a permit expire due to not being notified to renew.”

Any other properties seeking an STR certificate, because the cap is not being exceeded, will be eligible for a lottery, which may be held twice a year.

Temporary events

The proposed ordinance prohibits any temporary events, as defined by Ordinance 348, until the responsible operator has received a permit for the event.

Occupancy

The existing occupancy limits of 200 square feet per person still apply. The total number of guests depends upon the size of the property. Lots of a half-acre or less will be limited to 10 guests. From a half-acre to 2 acres, the limit is 16 guests. And for properties greater than 2 acres, the maximum occupancy will be 20 guests.

Other

There some general changes such as specifying how many violations in one year (three) or total violations (seven) will result in suspension of an STR certificate or that “responsible guests” may also be subject to receiving a violation; but both owners and guests must comply with the existing Noise Ordinance (847) is also mandated. Noise monitoring systems will continue to be required.

Guests will be required to sign a “Good Neighbor” brochure and acknowledge they reviewed the video.

Enforcement

Regardless of the outcome of potential changes to the STR ordinance, the county is planning to establish stronger enforcement of the ordinance. The approved fiscal year 2023-24 budget provided new funds for both the Sheriff’s Department and Code Enforcement to establish dedicated staff to its enforcement.

The level of fines for violations was not changed. The initial fine is $1,500 and a second, if within one year, is $3,000 and $5,000 for additional violations within the same year.

Moratorium

The moratorium on issuing new STR certificates in Idyllwild (including Pine Cove) and the Wine Country was extended for one year. At their Aug. 29 meeting, the supervisors approved an extension effective immediately and will expire in one year or once revised Ordinance 927.2 (Short Term Rentals) goes into effect, whichever is sooner.

Feingold is not the only local resident to encourage participation in the supervisors’ review of draft 927.2. Woody Henderson, Pine Cove resident, vice president of the PCPOA and president of the Mountain Communities Fire Safe Council, said, “We encourage residents to join us at the supervisor meeting on Nov. 7. There are some additional protections in the 927.2 draft. When 927 was last debated [October 2022] by the supervisors, we lost a lot of protections between each additional meeting. So, we are hoping for good resident attendance and then a quick passage of 927.2. After passage we are looking at other options to improve the peace and safety of residents and guests.”

To attend the session in person, the supervisors have a regular meeting scheduled for 9:30 a.m. Tuesday, Nov. 7, in the board chambers on the first floor of the County Administrative Center, 4080 Lemon Street in Riverside.

Alternatively, the meeting is online at the board website (https://rivcocob.org/2023-agendasproceedings) or call the clerk of the board at (951) 955-1069 to request to comment by phone.