COUNTY OF SISKIYOU

COMMUNITY DEVELOPMENT DEPARTMENT Building ♦ Environmental Health ♦ Planning

806 South Main Street∙ Yreka, California 96097 Phone: (530) 841-2100 ∙ Fax: (530) 841-4076

www.co.siskiyou.ca.us/page/community-development

VACANT

DIRECTOR STEPHEN KOLPACOFF, MD

PUBLIC HEALTH OFFICER

BUILDING

Michael Crawford, Deputy Director

Telephone: (530) 841-2100 Fax: (530) 842-0111

ENVIRONMENTAL HEALTH

Rick Dean, Deputy Director

Telephone: (530) 841-2100 Fax: (530) 841-4076

PLANNING

Christy Cummings Dawson, Deputy Director

Telephone: (530) 842-8203 Fax: (530) 841-4076

TO: Board of Supervisors FROM: Christy Cummings Dawson, Deputy Director of Planning DATE: March 20, 2018 SUBJECT: Vacation Rental Update

At the January 16 Board meeting, a discussion was had regarding Resolution 03-121 which dealt with vacation rentals within the sphere of influence (SOI) of the City of Mt Shasta. As a result of this discussion, the Board directed staff to do additional research and bring a broader update on the County’s vacation rentals back at the February 6 meeting. This item was then moved to the March 6 meeting.

Background

The County currently has a policy regarding the permitting of vacation rentals that applies county-wide (Section 10-6.1502). This code section requires that all prospective vacation rentals go through the use permit process before the Planning Commission and meet a number of criteria (see attached code section). The vacation rental policy began in 2000 and initially proposed a Vacation Rental combining district that would be enacted in various areas and then would require only a ministerial approval for a specific vacation rental. Through the Planning Commission and Board of Supervisors approval processes, various changes were made to the ordinance, including the removal of the combining district, and the processing of vacation rentals as discretionary use permits. Ordinance 01-01 was passed and adopted on January 9, 2001 (See attached Vacation Rental Ordinance history).

Mt Shasta Sphere of Influence

In April of 2003, there was a discussion before the Board of Supervisors about vacation rentals that included concerns regarding location, property rights, and rental availability. There was mixed support for, and concern regarding, vacation rentals. No action was taken. At the July 1, 2003 Board meeting, Resolution 03-121 was passed regarding Vacation Rentals within the Sphere of Influence of the City of Mt Shasta (see attached Resolution and Agenda worksheet). This Resolution set a minimum lot size for vacation rentals and increased the public notice requirements to include a 500’ radius and an 1/8 page newspaper ad. Staff did not find any specific discussion in the record that lead to the establishment of the 2.5-acre minimum parcel size requirement, but could speculate that there were considerations as to noise, traffic, and potentially a reference to the County’s minimum lot size requirement.

Staff Report to Board of Supervisors March 20, 2018

Permitted Vacation Rentals

Since 2001, there have been 84 use permits issued in the County for vacation rentals. (There are also several vacation rental use permit applications pending.) The County does not have data as to whether these use permits are currently being utilized, or if the properties have ever been rented. The majority of these use permits are in the McCloud (37), Mt Shasta (20), and Weed (12) areas. Of the 84 use permits issued, only 30 are on parcels greater than 2.5 acres. Of the 37 use permits in McCloud, 31 are on parcels smaller than 1 acre. Of the 20 use permits in the Mt Shasta area, 7 are on parcels less than 2.5 acres. (See attached list of current use permits and maps.) Transient Occupancy Tax (TOT)

All permitted vacation rentals within the County are required to pay Transient Occupancy Tax (TOT). When a property owner obtains a use permit for a vacation rental, they are to obtain a business license. They are issued a form from the Tax Collector’s office, self-report their occupancy, and pay their TOT. Average yearly TOT collected from vacation rentals from 2013-2017 was approximately $62,979, and accounted for approximately 11.37% of the County’s total TOT (see attached TOT revenue sheets).

The TOT from vacation rentals should begin to increase as the County entered into a

Voluntary Collection Agreement with AirBNB beginning on November 1, 2017. Total TOT collected from AirBNB for November and December, 2017 was $10,589.46, which reflects a gross rental income of $132,368. A search for “Siskiyou County, CA” on AirBNB on January 29, 2018 returned 187 rentals. This number likely includes a number of single-room or partial house rentals, which are not currently considered vacation rentals in County Code. This number is more than double the 84 vacation rental use permits that have been issued. While the agreement with AirBNB does not include their divulging the location of their rentals, some staff time could be invested to locate the rental properties from the online listings. If unpermitted vacation rentals are located, staff could send a letter informing the owners of their violation of County Code and directing them to submit a use permit application.

Definition

The current definition of “vacation rental” in the Code (10-6.3602.194) is “a single or two-family dwelling which is rented for periods of not more than (30) consecutive days to transient occupants”. This does not address the short-term rental of a single room or other portions of a single-family dwelling. This issue was previously discussed before the Planning Commission on May 18, 2016, as part of a larger code amendment project that sought to clarify some of the uses and definitions currently in the Code. The matter was continued several times, ultimately indefinitely, and no action was taken. There is no specific discussion in the minutes related to the expansion of the definition of vacation rental to include portions of a dwelling.

Under current County code, there are a number of conditions of approval on all vacation rental use permits. These include: management by a local resident or property management firm that is available 24 hours a day, inspections by the Building and Health Departments, off-street parking, and occupancy limits based on number of bedrooms, never exceeding 10 persons. Complaints

Staff Report to Board of Supervisors March 20, 2018

Complaints have not been tracked by type specifically enough to call out vacation rentals, so there is no way to get specific statistics on vacation rental complaints. The staff member responsible for logging complaints stated that most vacation rental complaints are related to illegal operation of rentals, questions as to whether zoning allows rentals, or noise and traffic. The Department will start tracking vacation rentals as a specific category to obtain more specific data on this issue. City of Mt. Shasta Input The City of Mt Shasta was contacted regarding this matter and responded with a memo dated January 31, 2018 (attached). The City Council minutes from 2003 do not indicate that any action was taken in support or opposition of the Board Resolution. The City’s General Plan in effect at the time designates most of the SOI as Resource Land or Rural Residential. This is consistent with the City’s current General Plan designations for the area. The current General Plan Land Use Element standard for Rural Residential includes a density of one unit per 2.5 acres, based on Siskiyou County Health Department policy.

The City’s current General Plan does not address vacation rentals or short-term rentals (STRs), but in 2016, the City adopted a zoning code amendment prohibiting STRs in the R-1 Low Density Residential Zone. The purpose was to maintain the “community closeness” in single-family neighborhoods. STRs are allowed in all other zones with a business license and payment of TOT. No other special permits are required.

Staff Recommendation Staff is recommending is that the current vacation rental ordinance and code be applied County-wide and all vacation rental use permit applications be considered on a case by case basis. This would mean the Board would need to take action to formally rescind Resolution 03-121. If this this not the Board’s desire, staff will work with Counsel to draft an ordinance codifying the Resolution.

Should the Board want to enact additional policies regarding complaints or enforcement procedures, staff can research potential policies and bring them back to the Board, or bring them as a code amendment before the Planning Commission. Staff has looked in to how some other jurisdictions regulate vacation rentals and there are a number of provisions that may be good examples should the Board want to add some conditions to the vacation rental use permit. These include: exterior signage identifying the property as a vacation rental and providing the property manager’s contact information; providing property manager contact information to adjacent property owners and the Sheriff’s office; posting of rules and/or noise ordinances inside the unit; initiation of a review of the permit for amendment or revocation should more than two significant violations occur within 12 months. Also, should the Board want to explore expanding the current definition of ‘vacation rental’ to include the rental of individual rooms or portions of houses, staff could create some new zoning code language and bring a code amendment before the Planning Commission. Attachments

• Current County Code concerning vacation rentals (Sec 10-6.1502(h)) • Vacation rental ordinance history • Resolution 03-121 & associated agenda worksheet • List of currently permitted vacation rentals with APN & parcel size • Maps of currently permitted vacation rentals by area (including Mt Shasta SOI) • Vacation rental TOT received 2013-2017

Siskiyou County Code

Sec. 10-6.1502. - Uses.

All of the uses listed in this section, and all matters directly related thereto, are declared to be uses possessing characteristics of such unique and special form as to make impractical their inclusion in any class of use set forth in the various districts in this chapter, and, therefore, the authority for and the location of the operation of any of the uses designated in this section shall be subject to the issuance of a use permit. In addition to the criteria for determining whether or not a use permit should be issued as set forth in Article 12 of this chapter, the Planning Commission shall consider the following additional factors to determine that the characteristics of the listed uses will not be unreasonably incompatible with the uses permitted in surrounding areas: damages or nuisances from noise, smoke, odor, dust, or vibration; hazards from explosions, contamination, or fire; and hazards occasioned by an unusual volume or character of traffic or the congregating of a large number of people or vehicles. Such uses are as follows:

[Sections omitted]

(h) Vacation rentals may occur within a single or two-family dwelling subject to the following conditions and standards:

(1) The vacation rental shall be managed by a County resident or professional property management firm located in Siskiyou County, and such resident or firm shall be available on a twenty-four (24) hour basis;

(2) The maximum rental period for each occupancy shall be thirty (30) consecutive days;

(3) Occupancy requirements shall:

(i) Meet the Uniform Housing Code; and

(ii) Meet the existing State and local water and sewage disposal regulations, including testing of the water supply as required, if provided by a private water source;

(4) Accessory uses. Pools, spas, saunas, and shared laundry facilities, if provided, are considered to be public facilities and shall be subject to Health and Building Department review for compliance with State and local regulations for public pools and laundries;

(5) Inspections. An inspection of the existing residence shall be required by both the Building and Health Departments to determine if the facility complies with the standards specified herein. Proof of compliance is required prior to authorization for use of the dwelling as a vacation rental. Cost of inspections shall be off-set by payment of applicable inspection fees, as established by the Board of Supervisors;

(6) Parking. One off-street parking space shall be provided for the vacation rental, plus one additional space for each bedroom. Such spaces may be provided in tandem;

(7) Signs. One non-illuminated sign, not in excess of two (2) square feet in area shall be permitted;

(8) The Planning Commission may consider modification of the above standards, may apply more restrictive standards, or may add other conditions to the use permit as a means to maintain compatibility with the neighborhood.

The Planning Commission's action shall consider the decision of duly recognized Property Owners Associations concerning the establishment of vacation rentals within their jurisdiction, and

(9) The maximum occupancy is limited to the number and size of sleeping rooms. Each sleeping room shall have not less than seventy (70) square feet of floor area for the first two (2) occupants. The floor area requirement shall increase at a rate of fifty (50) square feet for each occupant in excess of two (2). In no instance shall the occupancy exceed ten (10) persons.

Vacation Rental Ordinance History

History of Ordinance

• Planning Commission 8/2/00 o Recommend approval of Z-00-04 for the use of homes as vacation rentals. The

Commission found the proposed code amendment to provide a needed alternative to hotels and bed and breakfast facilities. They also acknowledge it would encourage tourism, ensure public health and safety standards are met, and provide additional revenues to the County (TOT taxes).

o Z-00-04 includes proposed Sec. 10-6.5303. Vacation Rental Combining District (the combining district would be created as a discretionary project; then vacation rental permits would be ministerial)

• Board of Supervisors o 9/26/00

Proposed ordinance reviewed and request to continue 2nd reading so Public Health could establish a fee schedule

Discussion on signage allowed • Language changed to “not in excess of 2 square feet” and the reference

to illumination is to be removed. o 11/7/00

Allow vacation rentals by use permit in all zones and create a vacation rental overlay zone where vacation rentals would be allowed by administrative permit

2nd reading waived; Motion to approve failed on 2-2 vote Direction for staff to do more research and item continued

o 11/14/00 Asked staff to modify proposal and return to Board for public hearing on revised

ordinance Changes: elimination of proposed Vacation Rental Overlay Zone; addition of

language to recognize and consider desires of Property Owners Associations through the review process; establish one-time reduced application fee of $150 for a six month period

o 12/5/00 Zoning Ordinance re Vacation Rentals (Z-00-04) Approved for 2nd reading;

discussion re Planning Com. appeal fee to be on agenda 1/09/01 o 1/09/01

Ordinance 01-01 [Z-00-04] passed and adopted $150 application fee from 2/9/01 – 7/9/01 $150 appeal fee from 2/9/01 – 7/9/01

o 4/8/03 Discussion regarding vacation rentals Concerns regarding location, property rights, rental availability

Mixed support for, and concern regarding, vacation rentals No action taken

o 7/1/03 Resolution 03-121 passed regarding Vacation Rentals within the Sphere of

Influence of the City of Mt Shasta • No new vacation rental shall be permitted where the subject property is

less than 2.5 acres in area • Notice of public hearing for any use permit for any new vacation rental

shall include notification to landowners within 500’ of the subject property and a 1/8 page advertisement in a newspaper of local circulation

• Enforcement/compliance efforts shall be increased to promote equity and minimize land use conflicts

• Planning Commission o 10/17/12

Proposed vacation rental on Williamson Act contracted land Poor road conditions discussed; item continued

o 11/21/12 Some concern about road conditions for a proposed vacation rental on Hoy Rd. Project approved with addition of Conditions including: no displacement of

agricultural operations/rental income taxed at normal rate; private, unmaintained road access; nuisance/negative impacts will require mitigation or revocation proceedings; owner to pay pro-rata share of road maintenance

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LegendSphere of Influence

City Limits

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