Title 23 COASTAL ZONE LAND USE
Chapter 23.08 SPECIAL (S) USES
23.08.165 Residential vacation rental.
The use of residential property as a vacation rental shall comply with the
following standards within the Cambria and Cayucos urban reserve
lines:
(1) Purpose. The purpose of this section is to establish a set of
regulations applicable to residential vacation rentals. These regulations are in
addition to all other provisions of this title. In the adoption of these
standards the board of supervisors find that residential vacation rentals have
the potential to be incompatible with surrounding residential uses, especially
when several are concentrated in the same area, thereby having the potential for
a deleterious effect on the adjacent full-time residents. Special regulation of
these uses is necessary to ensure that they will be compatible with surrounding
residential uses and will not act to harm and alter the neighborhoods they are
located within.
(2) Permit Requirements. Zoning clearance, business license
and transient occupancy tax registration for each residential vacation rental.
Where water or sewage disposal is provided by a community system, evidence shall
be submitted with the application for zoning clearance to show that the service
provider(s) has been informed of the proposed use of the property as a vacation
rental.
(3) Vacation Rental Tenancy. Rental of a residence shall not exceed
one individual tenancy within seven consecutive calendar days. A four-day
minimum rental is required, however, occupancy of the residence is not required
to occur for the entire time period. No additional occupancy (with the exception
of the property owner) shall occur within that seven-day period. A residential
vacation rental shall only be used for the purposes of occupancy as a vacation
rental or as a full time occupied unit. No other use (i.e.: home occupation,
temporary event, homestay) shall be allowed on the site.
(4) Number of
Occupants Allowed. The maximum number of occupants allowed in an individual
residential vacation rental shall be two persons per bedroom plus two additional
persons. The zoning clearance shall specify the maximum number of occupants
allowed in each individual vacation rental.
(5) Appearance, Visibility and
Location. The residential vacation rental is not to change the residential
character of the outside appearance of the building, either by the use of
colors, materials, lighting; or by the construction of accessory structures or
garages visible from offsite and not of the same architectural character as the
residence; or by the emission of noise, glare, flashing lights, vibrations or
odors not commonly experienced in residential areas.
(6) Signs. Availability
of the rental unit to the public shall not be advertised onsite.
(7) Parking
and Traffic. Vehicles used and traffic generated by the residential vacation
rental shall not exceed the type of vehicles or traffic volume normally
generated by a home occupied by a full-time resident in a residential
neighborhood. For purposes of this section, normal residential traffic volume
means up to ten trips per day. All parking shall occur in the garage, driveway
and/or street frontage of the site. The conduct of the residential vacation
rental shall not preclude the use of the garage for guest vehicle parking on a
daily basis.
(8) Noise. All residential vacation rentals shall comply with
the standards of Section 23.06.040 et seq. (Noise Standards). No residential
vacation rental is to involve onsite use of equipment requiring more than
standard household electrical current at one hundred ten or two hundred twenty
volts or that produces noise, dust, odor or vibration detrimental to occupants
of adjoining dwellings.
(9) Local Contact Person. All residential vacation
rentals shall designate a local property manager. The local property manager
shall be available twenty-four hours a day to respond to tenant and neighborhood
questions or concerns. Where a property owner lives within the same community as
the residential vacation rental, the property owner may designate themselves as
the local contact person. All the requirements enumerated in this section shall
continue to apply.
(A) The name, address and telephone number(s) of the
local contact person shall be submitted to the department of planning and
building, the local sheriff substation, the main county sheriff’s office,
the local fire agency and supplied to the property owners within a three hundred
foot radius. The name, address and telephone number(s) of the local contact
person shall be permanently posted in the rental unit in a prominent
location(s). Any change in the local contact person’s address or telephone
number shall be promptly furnished to the agencies and neighboring property
owners as specified in this subsection.
(B) If the local contact person is
unavailable or fails to respond, the complaining party may contact the
sheriff’s office. The sheriff will attempt to reach the local contact
person. In cases where the sheriff was unable to reach the local contact person,
the penalties as set forth in subsection (9)(A) shall apply.
(10) Transient
Occupancy Tax. Each residential vacation rental unit shall meet the regulations
and standards set forth in Chapter 3.08 of the County Code, including any
required payment of transient occupancy tax for each residential vacation rental
unit.
(11) Effect on Existing Residential Vacation Rentals. Each individual
vacation rental in existence on the effective date of the ordinance codified in
this section (March 8, 2001) shall be subject to a zoning clearance, business
license, transient occupancy tax registration, and all standards set forth in
this section. Zoning clearance, business license, and transient occupancy tax
registration, shall be requested from the county within one hundred twenty days
of the effective date specified above. If the zoning clearance, business
license, and transient occupancy tax registration, have not been requested
within the time frames set forth in this section, the penalties of Chapter 22.10
(Enforcement) of this title shall apply.
(12) Violation--Vacation Rental. It
is unlawful for any person to use or allow the use of property in violation of
the provisions of this section. The penalties for violation of this section are
set forth in Chapter 23.10 of this title (Enforcement). Additional penalties for
violation of this section may include revocation of the zoning clearance and
business license. If a local contact person is not able to be reached by the
sheriff more than three times in any consecutive six month period, this shall be
grounds for revocation of the business license consistent with Title 6 of the
County Code. (Ord. 2933 § 1, 2001)
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