The City Council finds and determines that the City of Encinitas
("City") has experienced an increase in permitting of short-term rental
units located in residential areas and that it is necessary to impose
reasonable limitations on the use and operation of such permitted
uses to ensure the long-term availability of housing stock. As the
popularity of short-term rentals has grown, the City has received
numerous complaints related to short-term rentals, including, but
not limited to, large and unruly gatherings, excessive noise, disorderly
conduct, illegal parking, vandalism, overcrowding, traffic congestion
and excessive accumulation of refuse. The City Council further finds
and determines that these adverse impacts are related to the violations
of short-term rentals by the occupants and guests of short-term rentals.
The purpose of this chapter is to establish regulations to address
and mitigate these adverse impacts to allow the public and residents
to peacefully enjoy the City by ensuring neighborhood compatibility
and maintaining harmony with surrounding uses. This chapter is also
intended to continue protecting the health, safety, and welfare of
short-term rental occupants, guests, and the City's residents.
This chapter is not intended to regulate non-vacation type rental
arrangements not generally characterized by the adverse impacts referenced
in this section, nor is it intended to unreasonably obstruct the lawful
use of short-term rentals in the City. This chapter is not intended
to provide any owner of a single-family or duplex unit with the right
or privilege to violate any Covenants, Conditions and Restrictions
(CC&Rs) applicable to the owner's single-family or duplex unit.
(Ord. 2006-05; Ord. 2021-22)
"Agent"
means a person or entity designated by the owner in writing
to ensure compliance with the requirements of this chapter with respect
to the short-term rental unit on the owner's behalf.
"Bedroom"
means a room that could be used for sleeping purposes having
minimum widths of seven feet and having a closet, excluding bathrooms,
kitchen, living room, and laundry.
"Duplex"
as defined within this chapter shall mean a building or buildings on a single lot containing not more than two dwelling units. An accessory unit constructed in accordance with Chapter
30.48 of this Code shall not be counted as a dwelling unit for purposes of this definition.
"Hosted unit"
means a short-term rental whereby the property owner remains
on-site during the short-term rental period (except during daytime
and/or working hours) and resides on-site or on a property immediately
adjacent to the short-term rental unit property.
"Non-hosted unit"
means a short-term rental whereby the property owner does
not remain or reside on-site or on a property immediately adjacent
to the short-term rental unit property during the short-term rental
period.
"Owner"
means the owner of the short-term rental who has an interest
in the property as provided for in the property deed. All persons
listed in the deed that have an ownership interest are required to
sign the short-term rental permit application. If the property is
held in a trust or is part of a limited liability company (LLC), the
trustee or the general member of the LLC must sign the short-term
rental permit application. If the property is held in a corporation's
name, the corporation's duly-authorized agent shall sign the short-term
rental permit application. Each owner shall be held jointly and severally
liable for any violations of this chapter.
"Short-term rental"
means the rental of any single-family or duplex unit that
is a privately-owned structure, or any portion of any structure (non-accessory
dwelling unit as that term is defined in
Government Code Section 65852.2,
which may be amended from time to time), for occupancy for dwelling,
lodging, or sleeping purposes of 30 consecutive days or less in the
City. For purposes of this chapter, non-monetary forms of compensation
shall also qualify a property as a short-term rental.
(Ord. 2006-05; Ord. 2021-22)
Any short-term rental shall obtain a short-term rental permit
pursuant to this chapter. No person shall rent, offer to rent, or
advertise for rent a short-term rental without a valid short-term
rental permit issued by the City pursuant to and in the manner provided
for by this chapter.
(Ord. 2006-05; 2021-22)
Short-term rentals shall be regulated in all residential zones
including residential developments in PRDs (planned residential districts),
as follows:
A. Avoidance
of Public Nuisance. Owner/agent shall ensure that the occupants and/or
guests of the short-term rental unit do not create a public nuisance
by allowing unruly gatherings or creating raucous noise. Owner/agent
shall ensure that any unruly gatherings, raucous noise, disorderly
conduct, or other violations of state or local codes are timely abated.
B. Loud and Raucous Noise Prohibited. It shall be unlawful and shall constitute a public nuisance for any owner/agent of a short-term rental unit to cause, allow or permit the emission or transmission of any loud or raucous noise, as identified in Section
9.32.414 of this Code, from any sound-making equipment or sound-amplifying device to occur or be maintained at a short-term rental. A raucous noise may include, but is not limited to, the following: yelling, screaming, shouting, or making other disturbing noises which unreasonably interferes with the peace and quiet of the nearby residents or members of the public.
C. Loud and Unruly Gatherings Prohibited. It is unlawful and shall constitute a public nuisance for any owner/agent of a short-term rental unit to cause, allow or permit a loud and unruly gathering to occur or be maintained at a short-term rental. A loud and unruly gathering shall include, but is not limited to, the following: the number of occupants and/or guests at the short-term rental exceeds the number permitted on the short-term rental permit; the activities of the occupants and/or guests create raucous noise and/or unreasonably loud amplified music in violation of Section
9.32.414 of this Code, that may be heard by nearby residents or members of the public; and/or occupants and/or guests engage in or create disorderly conduct in a manner that disturbs the public peace.
D. Prompt
Response to Complaints. Owner/agent shall, upon receiving notification
from a resident, the City, the Sheriff's Department, a rental platform,
or any other means, that any occupants or guests of a short-term rental
unit have created raucous noise, engaged in disorderly conduct or
committed violations of this Code or applicable law pertaining to
noise, disorderly conduct, overcrowding, the consumption of alcohol
or the use of illegal drugs, respond within one hour of the time the
initial call (complaint) was made to take corrective action to address
any violation. Failure to respond timely to complaints is grounds
for penalties as set forth in this chapter. It is not intended that
the property owner, local agent or contact person act as a peace officer
or place himself or herself in an at-risk situation. Owner/agent shall
provide documentation on what steps were taken to mitigate the issue.
E. Permitted
Occupancy. The property owner or agent shall limit overnight occupancy
of the short-term rental unit to a specific number of occupants not
to exceed two persons per bedroom plus one additional person per dwelling
unit. All other applicable occupancy laws shall apply.
F. Parking.
The property owner or agent shall limit the number of vehicles at
the short-term rental unit to the number designated in the permit.
All designated on-site parking spaces shall be made available for
the vehicles of occupants. Street parking is prohibited and vehicles
shall not impede access to sidewalks and adjoining neighbor properties
or driveways.
G. Compliance
with Laws. The property owner or agent of a short-term rental unit
shall comply with all applicable provisions of this Code, and all
other federal, state, and local laws, rules, and regulations.
H. 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 Section
11.20.090 of this Code.
I. Additional
Standards Imposed by City Manager, or Designee. The City Manager,
or designee, shall have the authority to impose additional standards
and/or conditions to short-term rental permits as necessary to address
complaints regarding the operation of the short-term rental and to
achieve the objectives of this chapter.
J. Interior
Display of Short-Term Rental Permit. Owner/agent shall affix the short-term
rental permit on the inside of the main entry door of each short-term
rental unit to which it applies. The interior display shall also contain
the maximum number of overnight occupants permitted to stay in the
unit, the maximum number of vehicles, and a 24-hour, seven-day per
week local phone number of the owner/agent responsible for the short-term
rental unit.
K. Exterior
Display of Short-Term Rental Unit. Owner/agent shall display, at a
minimum size of eight and one-half inches by 11 inches on the exterior
of a short-term rental unit during the period of short-term rental
operation, a notice provided by the City containing a 24-hour, seven-day
per week local phone number of the owner/agent responsible for the
short-term rental unit. The exterior display must also contain the
number of bedrooms, maximum number of occupants permitted to stay
in the unit, and the maximum number of vehicles. The notice shall
be in plain view of the general public and/or common areas and shall
be maintained in good condition.
L. Adjacent
Property Owners Notified. Applicants are also required to provide
adjacent property owners located within 300 feet of the subject short-term
rental property with the 24-hour, seven-day per week local phone number
of the owner/agent responsible for the short-term rental unit, and
a copy of the good neighbor policy on a form provided by the City.
M. Rental
Agreements. Information on the permitted occupancy of the dwelling,
parking capacity for each unit, and trash disposal requirements shall
be stated in the rental information and agreement provided to prospective
renters, prior to their occupancy of the unit.
N. Payment of Transient Occupancy Tax. Owner/agent shall comply with all provisions of Chapter
3.12 of this Code concerning the payment of Transient Occupancy Tax (TOT). The TOT calculation shall include cleaning fees, resort fees, and other fees as part of the total rent charged for the short-term rental unit. If the owner/agent uses a hosting platform, the hosting platform shall be considered an agent of the host for purposes of collecting and remitting the TOT to the City.
O. 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 a structure
and any flammable materials.
P. 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 no less than
10 feet away from a structure and any flammable materials. Charcoal
grills of any type are strictly prohibited.
Q. No Roof
Access. Due to neighborhood privacy concerns and potential risks of
bodily harm, accidental death or injury and other safety concerns,
standing, sitting, sleeping, lying, walking, or running on the roof
of any short-term rental is prohibited. This does not include permitted
roof decks.
R. Life/Safety
Compliance. The property that is the subject of the short-term rental
must meet basic life/safety requirements, including, but not limited
to, operable smoke and carbon monoxide alarms, fire extinguisher,
and first aid kit, and shall comply with minimum operating standards.
S. Inspections.
Owner/agent shall permit the City to inspect the short-term rental
unit and property: (1) prior to the issuance of a short-term rental
permit; and/or (2) 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.
T. No Subletting.
The subletting of a short-term rental unit is prohibited. Only owners/agents
with a valid short-term rental permit issued by the City are permitted
to advertise and rent out a property as a short-term rental unit.
U. No Special
Events Permitted On site. Weddings, corporate events, commercial functions,
and any other similar events that have the potential to cause traffic,
parking, noise, or other problems in the neighborhood are prohibited
at the short-term rental property or as a component of short-term
rental activities.
V. No Commercial
Filming. No commercial filming shall occur on-site of the short-term
rental property concurrently with an active short-term rental permit.
W. Recreational Vehicles. An owner/agent shall obtain all necessary permits to allow the overnight parking of a recreational vehicle for a guest of the short-term rental subject to the provisions and requirements of Section
14.40.155 of this Code.
X. Permitted
Guest Hours. Guest hours permitted at the short-term rental shall
be limited from 8:00 a.m. to 10:00 p.m. daily.
Y. 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, must 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 unit.
Z. Minimum
Night Stay. Non-hosted short-term rental units shall have a minimum
night stay of three consecutive nights. This provision shall not apply
to hosted short-term rental units.
AA. Permit
Modifications. The operational requirements may be modified by the
City Manager, or designee, based on site-specific circumstances for
the purpose of allowing reasonable accommodation of a short-term rental.
All requests must be in writing and shall identify how the strict
application of the operational requirements creates an unreasonable
hardship to a property, and if the requirement is not modified, reasonable
use of the property for a short-term rental would not be allowed.
Any hardships identified must relate to physical constraints to the
subject site. Such hardships cannot be self-induced or economic. In
addition, any modification to the operational requirements cannot
further exacerbate an already existing problem.
(Ord. 2021-22)
Permits and fees required by this chapter shall be in addition
to any license, permit, or fee required under any other chapter of
this Code. The issuance of any permit pursuant to this chapter shall
not relieve the property owner of the obligation to comply with all
other provisions of this Code pertaining to the use and occupancy
of their property.
(Ord. 2021-22)
Any person who has suffered, or alleges to have suffered, damage
to person or property because of a violation of this chapter may bring
an action for money damages and any other appropriate relief in a
court of competent jurisdiction against the party alleged to have
violated this chapter.
Nothing herein shall be deemed or construed to create any right
of action against the City or any of its officers, employees, or agents.
The sole purpose and intent of this section is to create a right of
action between private parties, entities, and interests, which are
or may be impacted or affected by various aspects of short-term rentals
within the City.
(Ord. 2021-22)
Existing permit holders with a valid and current short-term rental permit issued by the City prior to the effective date of the ordinance codified in this chapter, must be in full compliance with the provisions of this chapter no later than 90 days from the effective date of ordinance codified in this chapter, with the exception of any fee increase authorized under Section
9.38.040(C) of this Code, which fee increase shall not apply until the time of renewal of the short-term rental permit.
(Ord. 2021-22)