2005-06 Zoning Short-Term Vacation Rentals
ORDINANCE NO. 2005-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ENCINIT AS,
CALIFORNIA, AMENDING MUNICIPAL CODE CHAPTERS 30.04 AND 30.09, AND
SECTION 30.48.040Z REGARDING SHORT-TERM VACATION RENTALS, BED AND
BREAKF AST USES
ZCA/LCP A Case #04-280
WHEREAS, the City Council has determined that short-term vacation rentals in
residential zones has caused land use conflicts that are normally associated with residential
neighborhoods;
WHEREAS, such land use conflicts have included excessive noise, parking congestion
with the neighborhood, traffic congestion, excessive trash, late night disturbances, and
overcrowding, impacting established residential neighborhoods;
WHEREAS, in order to address this issue, the Council has determined to prohibit short-
term vacation rentals within residential neighborhoods;
WHEREAS, the Council has determined that the adopted Zoning Code and Local
Coastal Program amendments are consistent with the General Plan and Local Coastal Plan. The
General Plan, LCP and Zoning Map establish various land use categories to ensure compatibility
and to reduce conflicts between uses. The residential land use categories are established to
protect existing neighborhoods from conflicts with more intensive uses. Short-term vacation
rentals have, in some cases, caused conflicts with residential uses. The prohibition of short-term
vacation rentals reinforces the purpose of the residential zones and helps to preserve and
strengthen their established character.
WHEREAS, Goal 1 of the Land Use Element states that the City is a "unique seaside
community providing a balance of housing, commercial light industrial/office development,
recreation, agriculture and open space comvatible with the vredominant residential character of the
community." The General Plan considers the predominant residential character of the community
important.
WHEREAS, Policy 1.13 of the Land Use Element requires visitor-serving commercial land
uses to "be located where it will not intrude into existing residential communities." The policy
further clarifies that bed and breakfast facilities may be compatible in residential areas.
WHEREAS, short-term vacation rentals are considered to be a visitor-serving land use.
Such uses have, in some cases, caused conflicts in well-established residential neighborhoods.
Conflicts include noise, parking, traffic congestion, late night disturbances, excessive trash, and the
like. In addition, the proliferation of the short-term rental use can change the overall purpose and
character of the residential zone. The prohibition of short-term vacation rentals would preserve the
"residential character of the community" by not allowing such visitor serving commercial uses to
"intrude into existing residential communities." (Goal 1 and Policy 1.13, Land Use Element)
WHEREAS, as such, the City Council determines that the prohibition of the short-term
vacation rentals would not have an impact on the visitor-serving uses within the City, since the City
has designated areas for visitor-serving commercial uses, which has the specific intent of providing
services to visitors of the community. In addition, ample visitor serving uses are allowed within a
variety of commercial zones within the City. Also, the existing residential uses that are currently
used as short-term vacation rentals will become legal nonconforming uses and may continue to
operate as a vacation rental subject to certain operational controls to address any potential
nUlsances.
NOW, THEREFORE, the City Council of the City of Encinitas, California, does ordain
as follows:
SECTION 1: That Chapter 30.04, Definitions, is amended as follows:
SEE EXHIBIT A
SECTION 2: That Chapter 30.09, Use Matrix, is amended as follows:
SEE EXHIBIT B
SECTION 3: That Section 30.48.040Z, Bed and Breakfast accessory use, is amended as
follows:
SEE EXHIBIT C
SECTION 4: The City Council, in their independent judgement, finds that the adoption
of the Zoning Code and Local Coastal Program Amendments will be exempt from
Environmental Review pursuant to General Rule 15061 (b) (3) since there would be no
possibility of a significant effect on the environment because the amendments will not directly
result in development.
SECTION 5: This ordinance will become effective following certification by the
California Coastal Commission as being consistent with the Local Coastal Program for the City
of Encinitas
SECTION 6: This Ordinance was introduced on April 13, 2005.
PASSED AND ADOPTED on the 11 th day of May, 2005, by the following vote to wit:
2
AYES:
NAYS:
ABSTAIN:
ABSENT:
Dalager, Bond, Guerin, Houlihan.
Stocks.
None.
None.
Dc~ Ð~
Dan Dalager .
Mayor of the City of Encinitas, California
ATTESTATION AND CERTIFICATION:
I hereby certify that this is a true and correct copy of Ordinance No 2005-06, which has been
published pursuant to law.
j)~~A ~ G~c
Deborah Cervone, City Clerk
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EXHIBIT A
ORDINANCE NO. 2005-06
Definitions, Chapter 30.04:
BED AND BREAKFAST HOME shall mean a single family dwelling which is operated to
provide lodging for pay, including overnight sleeping accommodations and breakfast, for one (1) or
more guests for 30 consecutive days or less.
HOTEL shall mean a structure or portion thereof or groups of attached guest rooms or
suites occupied on a transient basis for compensation.
MOTEL shall mean the same as "hotel".
SHORT TERM VACATION RENTAL shall mean the rental of any structure or any
portion of any structure for occupancy for dwelling, lodging or sleeping purposes 30 consecutive
days or less in a residential zoning district, including single-family residences, condominiums,
duplexes, townhomes and multiple-family dwellings.
TRANSIENT HABIT A TION UNIT shall mean living quarters used for occupancy by
transient persons for a period of 30 consecutive days or less. See Chapter 3.12 of the Municipal
Code, Transient Occupancy Tax for applicable regulations. A transient habitation unit may include
a hotel or motel room or suite of rooms, a cabin, campground space, or short-term vacation rental
unit in residential units.
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ORDINANCE NO. 2005-06
EXHIB IT B
Use Matrix, Chapter 30.09
:'í~ oning uses
RR RS-ll R-ll R-20 MHP OP LC GC vsc LI BP P/SP ER/OS L-LC L- VSC
RR-l R-3 R-15 R-25
RR-2 R-5
R-8
Camps (Ord. 95-04) X X X X X X X X X X X C C* X X
Hotel X X X X X X X C P X X X X X P
Motel X X X X X X X C P X X X X X P
Transient Habitation
(Ord. 91-03) X X X X X X X C P X X C** X X P
U
z
P = Permitted by Right
C = Conditional Use permit Required (Major)
Cm = Conditional Use Permit Required (Minor)
X = Prohibited
* Not permitted within coastal zone ecological resource areas.
** Applies to camps only.
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ORDINANCE NO. 2005-06
EXHIB IT C
Accessory Uses, Chapter 30.48
Section 48.040Z
Bed and Breakfast Home
Z. Bed and Breakfast Home. A bed and breakfast home is a permitted accessory use
upon issuance of a minor use permit provided the following conditions are complied with:
1. Located in a residential zone or in a designated Historic building, or
conducted within a structure which was constructed prior to 1936.
2.*
A maximum of five bedrooms shall be made available for rent.
3. With the exception of a designated historic building or a structure
constructed prior to 1936, no bed and breakfast home shall be located on a lot closer
than 200 feet from any other lot containing a bed and breakfast home. The 200 foot
distance shall be measured in a straight line connecting the closest points on the lot
lines and without regard for intervening structures.
4. The owner or lessee of the property shall operate the facility and reside in
the home.
5. * One off-street parking space for each room rented and each employee shall
be provided in addition to the parking required for single-family occupancy.
6. Service shall be limited to the rental of rooms and the provision of breakfast
for overnight guests. No food preparation or cooking by guests shall be conducted
within any bedroom made available for rent.
7.
Signs shall be limited to one on-premise sign not to exceed two square feet.
*Note: Standard may be modified if the home is a designated historic building or
conducted within a structure, which was constructed prior to 1936.