While Short-Term Rentals (STRs) continue to be targeted by misinformed individuals and media outlets as the cause of all our housing woes (lack of housing availability and affordability in the for-sale and for-rent sides of the market), the facts to the contrary are known by Placer County’s Board of Supervisors. Indeed, in crafting its STR Ordinance they note that, “The ordinance is intended to strike a balance of reducing neighborhood nuisances like noise and parking issues related to vacation rentals without undermining the market for this important guest accommodation.” The addition to Chapter 9 in the County Codes, Adoption of Article 9.42 – Short Term Vacation Rentals, is intended to address a newly generated requirement by the Tahoe Regional Planning Agency (TRPA), which mandates that each local jurisdiction within the Basin track and control STR issues. The release of future residential building allocations will consider this third STR prong, along with the previously established TMDL capture (reducing sediment loading – runoff into the lake) and reviewing building permits for compliance with the conditions/standards set forth by TRPA. In short, Placer County was compelled to do something. What they ultimately approved as their strategy for addressing STR issues/complaints is in keeping with our organization’s policy positioning and objectives to protect this important residential use right.
The new regulations become effective as of 01 January 2020. Click here to read the Placer County Short Term Rental Ordinance in full. The particulars include eight major points:
(1) A mandatory “quiet time” for guests which begins at 10:00 pm and runs through to 7:00 am daily;
(2) Occupancy limitations are imposed, allowing for two adult guests per bedroom, along with two additional guests over and above the two-per-bedroom rule. Children under the age of 16 are not included (exempted) in this “head count” for purposes of determining occupancy;
(3) All outdoor wood burning/fires are prohibited by STR occupants, as is the use of a charcoal grill;
(4) A “Bear Box” (trash container resistant to intrusion by bears) is required to be installed for all homes that intend to STR the property;
(5) The owner of the property must obtain a permit from the county to operate an STR (a professionally managed property’s STRs permit fee is $200.18, while non-professionally managed properties are charged a higher fee of $337.13), and this permit to operate must be renewed annually (by March 31st);
(6) A “safety inspection” of the property is required to be performed every three years (not our organization’s ‘favorite’ aspect of the new Ord.). However, much preferred over inspections by County building inspectors and the like, the ordinance calls for the local Fire Department to perform these inspections;
(7) The local Fire Department officials are directed to look for three occupant safety related things… (a) installation of functional smoke detectors in appropriate locations within the home, (b) installation of functioning carbon monoxide detector(s) as per current code requirements and best practices, and (c) a fire extinguisher on-site. Any cost associated with these every three year inspections is built into the permit fee (as noted in item five above), so additional charges from outside agency (fire dept.) personnel is intended to be addressed by county funds collected; and,
(8) The newly adopted ordinance requires that the property owner who elects to STR their residential property must have a local contact person available whenever the unit is rented as an STR, with the expectation that whomever is listed by the owner (be it a professional property manager, local full-time neighbor, or the owner him/herself) be readily available to respond expeditiously, in-person if need be, to any complaints registered against the STR occupants or their guests. This point-of-contact person must be made known to the County, and will likely be a component of the permit application to operate an STR. Fines for failure to comply -control bad actors- regarding nuisances and other provisions of operation are included in the ordinance language; these fines can be imposed upon the STR renter(s) or the property owner, depending upon the nature of the offense and the attempts made to abate the improper action or activity. Multiple confirmed (fines levied) complaints can result in the revocation of operator’s STR permit. Appeals of such actions (fines, revocation of permit…) are in development, and will likely reflect other county appeals procedures.
As always, John R. Falk – Legislative Advocate can be reached at either jrfintel@outlook.com or(530) 412-3835 with questions.