9 County of Santa Cruz Board of Supervisors Agenda Item Submittal From: Planning: Permit Centers (831) 454-2580 Subject: Vacation Rental Ordinance and Related Actions Meeting Date: August 18, 2020 Recommended Action(s): 1) Approve in concept the ordinance amending Santa Cruz County Code section 13.10.694 Vacation Rentals and use charts within sections 13.10.312, 13.10.322, 13.10.352 and 13.10.372, to implement amendments to 13.10.694, which are also amendments to the Local Coastal Program, 2) Adopt resolution approving the Notice of Exemption (NOE) for compliance with the California Environmental Quality Act and directing submittal of the proposed Local Coastal Program amendments to the California Coastal Commission for Certification, and direct staff to submit the amendments to the California Coastal Commission for certification upon final adoption by the Board; 3) Adopt resolution adopting designated area block map, assignment and adjustment criteria; and 4) Direct the Clerk of the Board to schedule the ordinance for second reading and final adoption at the Board meeting of September 1, 2020. Executive Summary At its meeting of June 16, 2020, the Board held a public hearing to consider proposed amendments to County Code Chapter 13.10.694, Vacation Rentals, and Chapter 13.10, Zoning Use Charts. Following the close of the public hearing, the Board directed staff to make further revisions to the ordinance and return on June 30,2020. At its meeting of June 30, 2020, the Board considered the proposed revised amendments to the vacation rental regulations and use charts. Following that public hearing, the Board directed staff to make additional revisions and return on August 4, 2020, which was deferred to the August 18, 2020 meeting. The revisions directed by the Board that have been incorporated into the currently proposed ordinance and include the following: 1) elimination of the overall percentage caps in the Designated Areas (LODA, DASDA, and SALSDA) that apply to both vacation rentals and hosted rentals; 2) amendment of the numerical cap limit for vacation rental permits in the LODA (Live Oak Designated Area) from 259 to 220; and 3) strengthening and clarification of the Violations Section (L) of the Vacation Rental Ordinance (13.10.694). Packet Pg. 83 9 The recommended changes by the Board have been incorporated into the proposed ordinance. The ordinance is now back before the Board of Supervisors with a recommendation for approval in concept, with final approval to be scheduled for the Board meeting of September 1, 2020. Analysis Eliminate the Overall Percentage Caps in the Designated Areas and Reduce Numerical Cap for Vacation Rental Permits in the LODA. The initial ordinance presented to the Board on June 16th included lowered percentage caps in the Designated Areas. After discussion, the Board directed staff to change the vacation rental permit caps in the Designated Areas from a percentage to a numerical cap for each Area. As directed, staff modified the proposed vacation rental ordinance. Vacation rental permits were parsed out from the overall (lowered) percentage caps and a numerical cap on vacation rental permits was established in each of the Designated Areas. As drafted, the numerical caps were as follows: 259 in the LODA; 241 in the SALSDA; and 3 in the DASDA. As drafted, the lowered overall percentage caps (12%, 3.9% and 3.3%, respectively) were retained as a tool, with the intention of maintaining an overall cap for the vacation rental permits and hosted rentals combined. Upon consideration, the Board determined that a numerical cap for both vacation rental permits and hosted rental permits would be more straightforward; therefore, the Board directed staff to modify the proposed regulations to eliminate the percentage caps altogether. Further, the Board ascertained that the proposed numerical cap in the LODA, at 259, should be reduced to 220 in order to better align with the Board's initial direction to freeze and reduce the number of permits in the LODA. As directed, the percentage caps in the Designated Areas have been eliminated and replaced with numerical caps for both vacation rental permits and hosted rental permits in the Designated Areas. In addition, the numerical cap associated with vacation rental permits in the LODA was reduced. As currently drafted, no more than 220 vacation rental permits and 18 hosted rental permits shall be issued in the LODA; no more than 241 vacation rental permits and 45 hosted rental permits shall be issued in the SALSDA; and no more than 3 vacation rental permits and 4 hosted rental permits shall be issued in the DASDA. The combined effect of the vacation rental permit moratorium adopted by the Board on June 16th, and the new ordinance, will be that no new vacation rental permits will be issued in any Designated Area until such time that the number of vacation rentals falls below the applicable numerical cap. Any proposed new vacation rental permit would also need to comply with the 20% Block Cap in order to be eligible for approval. Strengthen and clarify enforcement-related provisions. The proposed ordinance considered by the Board on June 30, 2020 included amended enforcement-related provisions in order to strengthen the bases for enforcement of permit requirements and for possible revocation of permits. A provision was also added that would allow staff to require Level IV Administrative Review upon receipt of numerous complaints and evidence of a violation. Upon evaluation of the enforcement-related provisions, the Board determined that the provisions were unclear as drafted. The provisions have since been revised and Packet Pg. 84 9 streamlined, and the criteria by which a vacation rental permit may considered for amendment or revocation have been clarified. Further, in an effort to streamline the enforcement provisions, the previously proposed Level IV Administrative Review process has been struck and is not included within the currently proposed amendments. Environmental Review Staff has determined that the proposed ordinance amendments are exempt from further review under the California Environmental Quality Act, as they have no potential to impact the environment. Following final adoption of the proposed ordinance by the Board of Supervisors, a Notice of Exemption will be filed with the Clerk of the Board. Submittal of Amendments to California Coastal Commission for Certification Following adoption of the amended ordinance and the attached resolution, the amendments will be submitted to the Coastal Commission for consideration. The ordinance will go into effect countywide following approval and certification by the Coastal Commission, which is projected to occur by November or December 2020. Strategic Plan Element(s) Attainable Housing Focus Area: Through regulation of vacation rentals in the County, attainable housing is preserved and sustained. Dynamic Economy Focus Area: Allowing vacation rentals in the County contributes to a vibrant and inclusive community. Submitted by: Kathleen Molloy, Planning Director Recommended by: Carlos J. Palacios, County Administrative Officer Attachments: a b c d e f g h i Ordinance SCCC 13.10.694 Vacation Rentals Ordinance SCCC 13.10.694 (strikeout-underline) Resolution - CEQA Exemption, Vacation Rentals - submittal to CCC Notice of Exemption (NOE) from CEQA, Vacation Rental Ordinance Resolution - Designated Area Block Maps Block Map Adjustment Criteria (Exhibit A) Planning Commission Resolution Planning Commission Staff Report and attachments May 27, 2020 Web link to PC Staff Report May 27, 2020 (item #7) Packet Pg. 85 9.a ORDINANCE NO.______ The Board of Supervisors does ordain as follows: SECTION I Section (b) of Section 13.10.312 of the Santa Cruz County Code is hereby amended to change the permit level for new vacation rentals comprised of three or fewer bedrooms, from 2P to 4, and to require all vacation rental renewals to be processed as Level 4 permits as follows: SECTION II Section (b) of Section 13.10.322 of the Santa Cruz County Code is hereby amended to change the permit level for new vacation rentals comprised of three or fewer bedrooms, from 2P to 4, and to require all vacation rental renewals to be processed as Level 4 permits as follows: SECTION III Section (b) of Section 13.10.352 of the Santa Cruz County Code is hereby amended to change the permit level for new vacation rentals comprised of three or fewer bedrooms, from 2P to 4, and to require all vacation rental renewals to be processed as Level 4 permits as follows: SECTION IV Section (b) of Section 13.10.372 of the Santa Cruz County Code is hereby amended to change the permit level for new vacation rentals comprised of three or fewer bedrooms, from 2P to 4, and to require all vacation rental renewals to be processed as Level 4 permits as follows: Packet Pg. 86 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) ORDINANCE AMENDING SANTA CRUZ COUNTY CODE SECTIONS 13.10.694, VACATION RENTALS, AND 13.10.312, 13.10.322, 13.10.352, AND 13.10.372, USES CHARTS, TO IMPLEMENT AMENDMENTS TO 13.10.694 9.a The Santa Cruz County Code is hereby amended by amending Section 13.10.694 to read as follows: 13.10.694 Vacation rentals. (A) The purpose of this section is to establish regulations applicable to dwellings that are rented as vacation rentals for periods of not more than 30 days at a time. These regulations are in addition to all other provisions of this title. This section does not apply to Pajaro Dunes, where vacation rentals are governed by an existing development permit. (B) Vacation rentals are allowed in all zone districts that allow residential use with no requirement for any other use, except that any vacation rental meeting the requirements of subsections (C)(2) and (D)(1) of this section may be permitted in any zone district. Habitable accessory structures, nonhabitable accessory structures, accessory dwelling units (“ADUs”) constructed under the provisions of SCCC 13.10.681, 13.20.107, or 13.20.108, and legally restricted affordable housing units shall not be used as vacation rentals. Further, no new vacation rental permits or transfer of permits shall be granted on parcels containing ADUs after March 9, 2018. (C) For the purposes of this section, the following terms have the stated meanings: (1) “Vacation rental” means a single-family dwelling unit, duplex, or triplex (including condominium and townhouse units, but not including apartments or manufactured homes in a mobile home park), where the owner/operator/local property manager/agent does not occupy the dwelling unit while it is rented, only the renter and guests thereof occupy the dwelling unit while it is rented, and the dwelling unit is rented for the purpose of overnight lodging for a period of not more than 30 days. Where there is more than one dwelling on a property as part of a dwelling group, the owner/operator/contact person/agent may live in a dwelling that is not used as a vacation rental. For the purposes of these regulations, the following are not considered to be vacation rentals: (a) ongoing month-to-month tenancy granted to the same renter for the same unit, (b) one less-than-30-day period per year, (c) a house exchange for which there is no payment, or (d) renting of individual rooms in a dwelling unit while the primary occupant remains on site. (2) “Existing vacation rental” means a dwelling unit that was used as a vacation rental prior to April 5, 2011, and for which a vacation rental permit application was made on or before November 28, 2011, and for which a vacation rental permit was granted based on an application submitted on or before November 28, 2011. (3) “New vacation rental” means a dwelling unit that was not used as a vacation rental prior to April 5, 2011, or for which a vacation rental permit application was not made on or before November 29, 2011, or for which a vacation rental permit has not been granted. (4) The “Live Oak Designated Area” or “LODA” means the Yacht Harbor Special Community (as described in the General Plan—Local Coastal Program and depicted on the General Plan—Local Coastal Program map) and that portion of Live Oak that lies east and south of East Cliff Drive and Portola Drive from the intersection of 9th Avenue and East Cliff Drive to the intersection of Portola Drive and 41st Avenue, as depicted in Figure LODA, attached to the ordinance codified in this section. Packet Pg. 87 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) SECTION V 9.a (6) The “Davenport/Swanton Designated Area” or “DASDA” means that portion of the North Coast Planning Area bounded on the south by Riverside Ave and San Vincente Street in the unincorporated town of Davenport, and extending north along Highway 1 to include the areas of New Town and Davenport Landing south of Highway 1, and bounded on the north by the intersection of Swanton Road and Highway 1, and including all parcels within one-quarter mile of Swanton Road, but excluding any parcels that abut Last Chance Road, as depicted in Figure DASDA, attached to the ordinance codified in this section. (7) “Block” means the properties abutting both sides of a street extending from one intersecting street to another or to the terminus of the street, as indicated on the official Block Map (adopted by the Board of Supervisors on August 18, 2020). In the DASDA, “blocks” shall apply only in the town of Davenport, extending to all the R-1 zoned parcels along San Vincente Street, in New Town on Cement Plant, Adeline, and 1st, 2nd, and 3rd Streets, and on Davenport Landing. (D) Permit Requirements. A vacation rental permit and transient occupancy tax registration (or proof of registration with verified vacation rental platforms) are required for each residential vacation rental. Each vacation rental permit shall remain valid as long as the vacation rental operates for at least three out of any consecutive five years, except that each vacation rental permit issued for a vacation rental shall expire the same month and day five years subsequent to the date of issuance of the original permit or as otherwise provided in subsection (D)(3) of this section. If the expiration date falls on a Saturday or a Sunday, the following Monday shall be considered to be the expiration date. Approval of a vacation rental permit does not legalize any nonpermitted use or structure. Vacation rental permits are subject to revocation as provided for in SCCC 18.10.136. (1) Existing Vacation Rental. At the inception of the Vacation Rental program, the County established a low-barrier method for recognizing and permitting then-existing vacation rentals. The term is retained here as an historic reference but no longer has regulatory distinction, and all vacation rentals are now considered to be either new or renewal vacation rentals. (2) New Vacation Rentals. For new applications for vacation rentals of three bedrooms or fewer, except as provided in SCCC 18.10.124(B), no public hearing shall be required and action on these applications shall be by the Planning Director or designee through the Level IV administrative use permit process as provided in SCCC 18.10.131(B). Appeals of the action on the application may be made by any member of the public pursuant to SCCC 18.10.324, and the Planning Director may refer the application to the Zoning Administrator or Planning Commission for a public hearing in accordance with SCCC 18.10.124(B). For new applications for vacation rentals consisting of four or more bedrooms, the application shall be considered at a public hearing in accordance with Level V use permit public hearing procedures as provided in SCCC 18.10.131(C). Any new vacation rental permit issued for vacation rentals consisting of four or more bedrooms will be given a one-year provisional permit subject to review for compliance with vacation rental code requirements prior to granting the remainder of the standard 5-year term. When a public hearing is required, notice of such a public hearing shall be provided not less than 10 calendar days before the public hearing, pursuant to SCCC 18.10.223. (a) Designated Area Caps. Within the LODA, no more than 220 vacation rental permits shall be issued, and no more than 18 hosted rental permits shall be issued, for a total of 238 vacation rentals and hosted rentals in the LODA. Within the SALSDA, no more than 241 vacation rental permits shall be issued, and no more than 45 hosted rental permits shall be issued, for a total of Packet Pg. 88 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) (5) The “Sea Cliff/Aptos/La Selva Designated Area” or “SALSDA” means that portion of the Aptos Planning Area bounded on the west by the Capitola city limit, on the north by Highway 1, and on the east and southeast by Bonita Drive, San Andreas Road, the Urban Services Line from San Andreas Road to Monterey Bay, and the community of La Selva Beach, as depicted in Figure SALSDA, attached to the ordinance codified in this section. 9.a (b) Designated Area Block Limits. In the LODA, SALSDA or DASDA (“Designated Areas”), no new vacation rental shall be approved if parcels with permitted vacation rentals or permitted hosted rentals on the same block total 20 percent or more of the total parcels on that block that allow residential use. A Block Map adopted by resolution of the Board of Supervisors shall assign parcels to blocks to determine block capacity for future vacation rental permits. In the count of parcels that allow residential use in each of the Designated Areas, parcels in the Mobile Home Park Combining Zone District shall be excluded. The count of parcels that allow residential use shall not include the following streets and areas because numbers are not limited by caps or block limits in these locations: Pot Belly Beach Road; Las Olas Drive; those residentially zoned parcels in the Rio Del Mar flats consisting of parcels fronting on Stephen Road, Marina Avenue, and Venetian Road between its intersection with the Esplanade and Aptos Beach Drive to its intersection with Lake Court and Stephen Road; those parcels fronting on or gaining access from Cliff Court or fronting on or gaining access from Rio Del Mar Boulevard between its intersection with Aptos Beach Drive and Beach Drive to its intersection with Kingsbury Drive, Cliff Drive, and Beach Villa Lane; Beach Drive; and Via Gaviota. Notwithstanding these block limits, each block in the LODA, SALSDA, or DASDA that has parcels that allow residential use, excluding those parcels in the Mobile Home Park Combining Zone District, may have at least one vacation rental or hosted rental if otherwise allowable under applicable Designated Area Caps for both vacation rentals and hosted rentals. (i) Block Map Adjustment. Several areas throughout the County, especially in the LODA and SALSDA, are comprised of incongruous “blocks.” The Block Map is intended to clarify that parcels are permanently assigned to a block in the most organized fashion possible; however, adjustment of blocks may be warranted in certain circumstances. In conjunction with applying for a Vacation Rental Permit, an applicant may request a Block Map Adjustment. (ii) The Planning Director or designee has the discretion to adjust the Block Map upon making the following finding: Adjustment of the Block Map is warranted because the block in question is incongruous and such adjustment of the Block Map will not result in an overconcentration (20% or more) of parcels with vacation rentals on the assigned block. (c) Applicants for a permit for a new vacation rental shall provide the following to the Planning Department: (i) Completed application form. (ii) Application fee deposit. The deposit will cover the estimated costs of processing the application for a new vacation rental permit. Upon notice by the Planning Department, applicants may need to deposit additional funds to cover further processing costs. (iii) Plans, which do not need to be drawn by a professional, drawn to scale including the following: A. Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces. Packet Pg. 89 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) 286 vacation rentals and hosted rentals in the SALSDA. Within the DASDA, no more than 3 vacation rental permits shall be issued, and no more than 4 hosted rental permits shall be issued, for a total of 7 vacation rentals and hosted rentals in the DASDA. 9.a B. Floor plan showing all rooms with each room labeled as to room type. A. Number of guests allowed, which shall not exceed two per legal bedroom plus two additional guests (children under eight years old not counted); for celebrations and gatherings between 8:00 a.m. and 10:00 p.m., the maximum number of people allowed is twice the maximum number of guests allowed. B. Number of vehicles a guest is allowed to park on-site and off-site (specific to the neighborhood), which shall not exceed the number of existing, required, or permitted parking spaces. The on-site parking requirements for new vacation rental permits shall be a minimum of one on-site space for one and two-bedroom units, and a minimum of two on-site spaces for three- or more bedroom units. The guest will be allowed to park one additional vehicle off-site. The guest must use street parking for the off-site vehicle in the vicinity of the vacation rental but will not have any exclusive or assigned use of any available street parking. Should off-site parking occur within a parking district, the vacation rental permit holder will be required to purchase a parking permit at the business rate and will not be eligible for residential parking permit allocations. In situations where the required on-site parking cannot be provided, an on-site parking exception may be requested in conjunction with a Level V Vacation Rental Permit Application, for consideration by the Zoning Administrator at a public hearing, who shall make the following finding in conjunction with approval of the parking exception: Existing traffic and parking on nearby streets and properties would not be adversely affected by granting of an on-site parking reduction, as off-site parking is typically available and not subject to significant levels of congestion. C. Restrictions on noise, illegal behavior, and disturbances, including an explicit statement that fireworks are illegal in Santa Cruz County; and directions for trash management (e.g., trash to be kept in covered containers only). (v) Copy of County of Santa Cruz transient occupancy registration, or proof of registry with a verified on-line platform, for the purpose of the operation of a vacation rental. (vi) No new vacation rental use may be permitted in a dwelling unit having a common wall or walls with another dwelling unit, unless the applicant provides a written agreement acceptable to the County and signed by the record owner(s) of the adjoining dwelling unit(s) either at the time of application submittal or prior to approval of the vacation rental permit, stating that they are aware of the proposed vacation rental use and have no objection to issuance of a permit for such use. The agreement shall be binding on the parties thereto and their successors in interest for so long as the vacation rental permit for which the agreement was submitted, if issued, remains valid, and each party shall be responsible to inform its own successor(s) in interest in the unit of the agreement as part of the sale or transfer of the unit to such successor(s). (vii) Only one vacation rental is permitted per parcel regardless of the number or configuration of dwellings on the parcel. (d) Residences that are subject to affordable housing covenants and/or are income-restricted for affordable housing purposes are not eligible for a vacation rental permit. Packet Pg. 90 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) (iv) Form of a rental/lease agreement to be used, or house rules/requirements, which shall include, but not necessarily be limited to, the following: 9.a (3) Renewal of Vacation Rental Permits. All vacation rental permits must be renewed every five years starting on September 15, 2020, except those in the LODA and SALSDA, where vacation rental permits must be renewed every five years from the date of issuance. An application to renew a permit for a vacation rental shall be submitted no sooner than 180 days before the expiration date of the existing permit, and no later than the date of expiration of that permit. Upon receipt of a complete application, the expiration of the existing permit shall be stayed until final action is taken on the renewal application. Except as provided in SCCC 18.10.124(B), vacation rental renewals shall be processed pursuant to the Level IV administrative use permit process as provided in SCCC 18.10.131(B). Appeals of the proposed action on the renewal application may be made by the applicant or any member of the public pursuant to SCCC 18.10.324. (a) If a public hearing is required, the Planning Director shall schedule the public hearing before either the Zoning Administrator or the Planning Commission, at the Planning Director’s discretion. Notice of such a public hearing shall be provided not less than 10 calendar days before the public hearing, pursuant to SCCC 18.10.223. (b) Applicants for renewal of a permit for a vacation rental shall provide the following to the Planning Department: (i) Completed application form. (ii) Application fee deposit. The deposit will cover the estimated costs of processing the application for renewal of a vacation rental permit. Upon notice by the Planning Department, applicants may need to deposit additional funds to cover further processing costs. (iii) Proof of payment of transient occupancy tax, or proof of registry with a verified online platform, for the use of the dwelling as a vacation rental and a summary of the dates the unit was used as a vacation rental between the time of issuance of the existing permit and the date of application for the renewal. For renewal applications processed prior to November 1, 2016, renewal applications must show significant rental use of the unit for two of the previous five years. For renewal applications processed on or after November 1, 2016, applications must show significant rental use for three out of the previous five years. Significant rental use shall be interpreted to include no fewer than 10% of weekend nights in a given year, or a minimum occupancy of 5 weekends or 10 nights per calendar year. (iv) A photograph of the sign installed on the parcel as required by the existing permit, and clearly including all information required under subsection (F) of this section. (c) Processing of renewal applications includes a review of any issued or pending building permits or other permits and review of all pertinent information specific to complaints, if any, that have been received about the subject vacation rental. Approval of a vacation rental renewal permit shall be based on affirmative findings as set forth in SCCC 18.10.230. Denial of an application for renewal shall be based on one or more of the required findings not being able to be made, as set forth in SCCC 18.10.230(A). Additionally, a County Code violation or violations related to the property, such as operating the vacation rental while under emergency orders from the state or County that prohibit such operation, mis-advertising the rental, citations for violation Packet Pg. 91 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) (e) Waiting List. The Planning Department shall maintain a waiting list in the event that a Designated Area is at or exceeds the established block or designated area maximum, which shall be comprised of property owners who wish to operate either a vacation rental or a hosted rental in the LODA, SALSDA or DASDA. Prospective applicants shall submit requests via a Waiting List Request Form. Applicants for the waiting list must be the current owner/s of the property. The waiting list request shall become void upon transfer of ownership in accordance with the criteria outlined in SCCC 13.10.694(D)(4). 9.a (d) Renewals of “Existing Vacation Rentals,” or permits issued pursuant to the first-adopted version of the County’s vacation rental regulations in 2011, shall not be subject to block density, neighbor sign-off for condominium units with shared walls, on-site parking requirements, or the restriction on operating a vacation rental on a property which is also developed with an ADU. Additionally, the restriction not allowing vacation rentals in ADUs applies only to vacation rental permits originally issued after March 9, 2018. (4) Transfer of Property with Vacation Rental Permit in the LODA, SALSDA, or DASDA. Within the Live Oak Designated Area, the Seacliff/Aptos/La Selva Designated Area (except within the La Selva Beach community), and the Davenport/Swanton Designated Area, for properties transferred after September 13, 2016, when a property transfer triggers reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq., as determined by the Assessor, the vacation rental permit(s) associated with the property shall expire and shall become nonrenewable at the time of property transfer. For properties located in all other areas of the County, and including the community of La Selva Beach, that are transferred after September 21, 2020, when a property transfer triggers reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq., as determined by the Assessor, the vacation rental permit(s) associated with the property shall expire and shall become nonrenewable at the time of property transfer. Any future use as a vacation rental shall require approval of an application for a new vacation rental rather than a renewal vacation rental. (5) Expansion of Permitted Vacation Rental. In addition to any other permits required for a proposal to expand the square footage of a permitted vacation rental structure by an amount equal to or more than 50 percent or to increase the existing number of bedrooms by demolition or remodeling, a new vacation rental permit shall be required in accordance with subsection (D)(2) of this section. (E) Local Property Manager. All vacation rentals shall designate a local property manager, who is located within 30 miles of the vacation rental. The local property manager shall be available 24 hours a day to respond to tenant and neighborhood questions or concerns. A property owner who lives within 30 miles of the vacation rental may designate themself as the local property manager. Failure to respond within 60 minutes of being contacted, as verified by County Code Enforcement staff or the County Sheriff, shall constitute a significant violation and may lead to revocation of the permit in accordance with SCCC 18.10.136. The applicant shall mail, deliver, or otherwise provide the name, address, telephone number(s) of the local property manager, and the beginning and expiration dates of the vacation rental permit, to the Planning Department, the local Sheriff Substation, the Auditor-Controller-Treasurer Tax Collector, the main County Sheriff’s Office, and the local fire agency, and to the property owners of all properties located within a 300-foot radius of the boundaries of the parcel on which the vacation rental is located. Proof of mailing or delivery of the contact information to all of the above shall be submitted to the Planning Department within 30 days of permit approval, amendment, or renewal. The name, address and telephone number(s) of the local property manager shall be permanently posted in the rental unit in a prominent location. Any change in the local property manager’s address or telephone number shall be promptly furnished to the agencies and neighboring property owners as specified in this subsection. (F) Signs. All vacation rentals shall have a sign identifying the structure as a permitted vacation rental and listing the 24-hour local property manager responsible for responding to complaints and providing general information, which shall be placed no more than 20 feet back from the nearest street. For all rentals, the sign must also display the beginning and end dates of the five-year vacation rental permit. This information shall be updated upon any renewal of such a permit. The sign may be of any shape but may not exceed 216 square inches. There is no minimum sign size so long as the information on the sign Packet Pg. 92 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) of SCCC 8.30 (Noise), and/or failure of the local property manager to timely respond to complaints are all grounds for denial. 9.a (G) Posting of Rules. Vacation rental rules shall be posted inside the vacation rental in a location readily visible to all guests. The rules shall include, but not necessarily be limited to, the following: number of guests allowed; number of vehicles allowed; restrictions on noise, illegal behavior, and disturbances, including an explicit statement that fireworks are illegal in Santa Cruz County; and directions for trash management (e.g., trash to be kept in covered containers only). (H) Noise. All residential vacation rentals shall comply with the standards of SCCC 8.30 (Noise) and a copy of that chapter shall be posted inside the vacation rental in a location readily visible to all guests. No use of equipment requiring more than standard household electrical current at 110 or 220 volts or activities that produce noise, dust, odor, or vibration detrimental to occupants of adjoining dwellings is allowed. (I) Transient Occupancy Tax. Each residential vacation rental owner shall meet the regulations and standards set forth in SCCC 4.24, including any required payment of transient occupancy tax for each residential vacation rental unit. (J) Advertising. All advertising for vacation rentals shall include the vacation rental permit number in the first two lines of the advertisement text, and where photos are included, a photo containing the permit number shall be included, as well as a photo of the required signage that includes the 24-hour contact information and vacation rental identification. Advertising a vacation rental for a property without a vacation rental permit is a violation of this chapter and violators are subject to the penalties set forth in SCCC 19.01. (K) Dispute Resolution. By accepting a vacation rental permit, vacation rental owners agree to engage in dispute resolution and act in good faith to resolve disputes with neighbors arising from the use of a dwelling as a vacation rental. Unless an alternative dispute resolution entity is agreed to by all parties involved, dispute resolution shall be conducted through the Conflict Resolution Center of Santa Cruz County. (L) Violation. 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 SCCC 19.01, Enforcement of Land Use Regulations. A violation of any of the requirements to obtain a vacation rental permit may be grounds for denial of a new vacation rental permit application. Further, violations of vacation rental regulations, or of any other provision of the Santa Cruz County Code, may be grounds for denial of a renewal application or revocation of an existing vacation rental permit after consideration at a Level V public hearing by the Zoning Administrator (or by the Planning Commission upon referral). If more than two significant violations occur on a vacation rental property within a 12-month period, a permit shall be noticed for a Level V public hearing to consider permit revocation. “Significant violations” are: citations for violation of SCCC 8.30 (Noise); violation of any specific conditions of approval associated with the permit; mis-advertising the capacity and limitations applicable to the vacation rental; written warnings, or other documentation filed by law enforcement; violations of state or County health regulations; non-compliance with a public health order or emergency regulation issued by state or local authorities which may limit use and occupancy of vacation rentals; delinquency in payment of transient occupancy taxes, fines, or penalties; non-responsive property management, including failure by the local property manager to respond to calls within 60 minutes; and failure to maintain signage. In the event a permit is revoked, the person or entity from whom the permit was revoked shall be barred from applying for a vacation rental permit for the same parcel without prior consent of the Board of Supervisors. Packet Pg. 93 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) is legible from the nearest street. A sign required by this subsection shall be continuously maintained while the dwelling is rented. 9.a (M) It is unlawful to make a false report to the Sheriff’s Office regarding activities associated with vacation rentals. [Ord. 5266 § 8, 2018; Ord. 5265 § 12, 2018; Ord. 5264 § 13, 2018; Ord. 5229 § 5, 2016; Ord. 5198 § 1, 2015; Ord. 5092 § 6, 2011]. The adoption of this ordinance is not a “project” within the meaning of the California Environmental Quality Act (CEQA) because it involves organizational or administrative activities of the County that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines § 15378(b)(5)). SECTION VII The Board of Supervisors further finds and determines in its reasonable discretion on the basis of the entire record before it that the proposed amendments to SCCC 13.10 are consistent and compatible with and will not frustrate the objectives, policies, general land uses, and programs specified in the General Plan and Local Coastal Program. SECTION VIII Should any section, clause, or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole, or parts thereof, other than the part so declared to be invalid. SECTION IX This ordinance shall take effect on the 31st day following adoption, or upon certification by the California Coastal Commission, whichever is later. PASSED AND ADOPTED this ______ day of _____________, 2020 by the Board of Supervisors and the County of Santa Cruz by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUPERVISORS SUPERVISORS SUPERVISORS SUPERVISORS ____________________________________________ CHAIRPERSON, BOARD OF SUPERVISORS ATTEST: ________________________________ Clerk of the Board APPROVED AS TO FORM: _________________________________ 8/5/2020 (AMS# 9316) Office of the County Counsel Packet Pg. 94 Attachment: Ordinance SCCC 13.10.694 Vacation Rentals (9316 : Vacation Rental Ordinance and Related Actions) SECTION VI 9.b ORDINANCE NO.______ The Board of Supervisors does ordain as follows: SECTION I Section (b) of Section 13.10.312 of the Santa Cruz County Code is hereby amended to change the permit level for new vacation rentals comprised of three or fewer bedrooms, from 2P to 4, and to require all vacation rental renewals to be processed as Level 4 permits as follows: SECTION II Section (b) of Section 13.10.322 of the Santa Cruz County Code is hereby amended to change the permit level for new vacation rentals comprised of three or fewer bedrooms, from 2P to 4, and to require all vacation rental renewals to be processed as Level 4 permits as follows: SECTION III Section (b) of Section 13.10.352 of the Santa Cruz County Code is hereby amended to change the permit level for new vacation rentals comprised of three or fewer bedrooms, from 2P to 4, and to require all vacation rental renewals to be processed as Level 4 permits as follows: SECTION IV Section (b) of Section 13.10.372 of the Santa Cruz County Code is hereby amended to change the permit level for new vacation rentals comprised of three or fewer bedrooms, from 2P to 4, and to require all vacation rental renewals to be processed as Level 4 permits as follows: Packet Pg. 95 Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) ORDINANCE AMENDING SANTA CRUZ COUNTY CODE SECTIONS 13.10.694, VACATION RENTALS, AND 13.10.312, 13.10.322, 13.10.352, AND 13.10.372, USES CHARTS, TO IMPLEMENT AMENDMENTS TO 13.10.694 SECTION V The Santa Cruz County Code is hereby amended by amending Section 13.10.694 to read as follows: 13.10.694 Vacation rentals. (A) The purpose of this section is to establish regulations applicable to dwellings that are rented as vacation rentals for periods of not more than 30 days at a time. These regulations are in addition to all other provisions of this title. This section does not apply to Pajaro Dunes, where vacation rentals are governed by an existing development permit. (B) Vacation rentals are allowed in all zone districts that allow residential use with no requirement for any other use, except that any vacation rental meeting the requirements of subsections (C)(2) and (D)(1) of this section may be permitted in any zone district. Habitable accessory structures, nonhabitable accessory structures, accessory dwelling units (“ADUs”) constructed under the provisions of SCCC 13.10.681, 13.20.107, or 13.20.108, and legally restricted affordable housing units shall not be used as vacation rentals. Further, no new vacation rental permits or transfer of permits shall be granted on parcels containing ADUs after March 9, 2018. (C) For the purposes of this section, the following terms have the stated meanings: (1) “Vacation rental” means a single-family dwelling unit, duplex, or triplex (including condominium and townhouse units, but not including apartments or manufactured homes in a mobile home park), where the owner/operator/contact personlocal property manager/agent does not occupy the dwelling unit while it is rented, only the renter and guests thereof occupy the dwelling unit while it is rented, and the dwelling unit is rented for the purpose of overnight lodging for a period of not more than 30 days. Where there is more than one dwelling on a property as part of a dwelling group, the owner/operator/contact person/agent may live in a dwelling that is not used as a vacation rental. For the purposes of these regulations, the following are not considered to be vacation rentals: (a) ongoing month-to-month tenancy granted to the same renter for the same unit, (b) one less-than-30day period per year, (c) a house exchange for which there is no payment, or (d) renting of individual rooms in a dwelling unit while the primary occupant remains on site. (2) “Existing vacation rental” means a dwelling unit that was used as a vacation rental prior to April 5, 2011, and for which a vacation rental permit application was made on or before November 28, 2011, and for which a vacation rental permit was granted based on an application submitted on or before November 28, 2011. (3) “New vacation rental” means a dwelling unit that was not used as a vacation rental prior to April 5, 2011, or for which a vacation rental permit application was not made on or before November 29, 2011, or for which a vacation rental permit has not been granted. (4) The “Live Oak Designated Area” or “LODA” means the Yacht Harbor Special Community (as described in the General Plan—Local Coastal Program and depicted on the General Plan—Local Coastal Program map) and that portion of Live Oak that lies east and south of East Cliff Drive and Portola Drive from the intersection of 9th Avenue and East Cliff Drive to the intersection of Portola Drive and 41st Avenue, as depicted in Figure LODA, attached to the ordinance codified in this section. Packet Pg. 96 Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) 9.b 9.b (6) The “Davenport/Swanton Designated Area” or “DASDA” means that portion of the North Coast Planning Area bounded on the south by Riverside Ave and San Vincente Street in the unincorporated town of Davenport, and extending north along Highway 1 to include the areas of New Town and Davenport Landing south of Highway 1, and bounded on the north by the intersection of Swanton Road and Highway 1, and including all parcels within one-quarter mile of Swanton Road, but excluding any parcels that abut Last Chance Road, as depicted in Figure DASDA, attached to the ordinance codified in this section. (7) “Block” means the properties abutting both sides of a street extending from one intersecting street to another or to the terminus of the street., as indicated on the official Block Map (adopted by the Board of Supervisors on August 18, 2020). In the DASDA, “blocks” shall apply only in the town of Davenport, extending to all the R-1 zoned parcels along San Vincente Street, in New Town on Cement Plant, Adeline, and 1st, 2nd, and 3rd Streets, and on Davenport Landing. (D) Permit Requirements. A vacation rental permit and transient occupancy tax registration (or proof of registration with verified vacation rental platforms) are required for each residential vacation rental. Each vacation rental permit shall remain valid as long as the vacation rental operates for at least three out of any consecutive five years, except that each vacation rental permit issued for a vacation rental located in the Live Oak Designated Area, the Seacliff/Aptos Designated Area, or the Davenport/Swanton Designated Area shall expire the same month and day five years subsequent to the date of issuance of the original permit or as otherwise provided in subsection (D)(3) of this section. If the expiration date falls on a Saturday or a Sunday, the following Monday shall be considered to be the expiration date. If an application for renewal has been submitted and is deemed complete prior to the expiration date, the expiration of the permit will be stayed until final action on the renewal application. No application for renewal of a vacation rental permit shall be accepted more than 180 days before the expiration date. Approval of a vacation rental permit does not legalize any nonpermitted use or structure. Vacation rental permits are subject to revocation as provided for in SCCC 18.10.136. (1) Existing Vacation Rental. An initial permit shall be obtained. No public hearing shall be required and no notice of an application for a permit for an existing vacation rental shall be given. For an existing vacation rental to be considered a legal use the applicant shall provide the following to the Planning Department within 90 days, and not later than November 28, 2011, after the certification of the original vacation ordinance (Ordinance No. 5092) codified in this chapter by the California Coastal Commission:At the inception of the Vacation Rental program, the County established a low-barrier method for recognizing and permitting then-existing vacation rentals. The term is retained here as an historic reference but no longer has regulatory distinction, and all vacation rentals are now considered to be either new or renewal vacation rentals. (a) Completed application form. (b) Plans, which do not need to be drawn by a professional, drawn to scale including the following: (i) Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces. (ii) Floor plan showing all rooms with each room labeled as to room type. Packet Pg. 97 Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) (5) The “Sea Cliff/Aptos/La Selva Designated Area” or “SALSDA” means that portion of the Aptos Planning Area bounded on the west by the Capitola city limit, on the north by Highway 1, and on the east and southeast by Bonita Drive, San Andreas Road, and the Urban Services Line from San Andreas Road to Monterey Bay, and the community of La Selva Beach, as depicted in Figure SADASALSDA, attached to the ordinance codified in this section. 9.b (d) Copy of a rental/lease agreement, which shall include, but not necessarily be limited to, the following: number of guests allowed (two/bedroom plus two, prior to November 1, 2016, children under 12 not counted, on or after November 1, 2016, children under eight not counted; for celebrations and gatherings between 8:00 a.m. and 10:00 p.m., the maximum number of people allowed is twice the maximum number of guests allowed); number of vehicles allowed (not to exceed the number of existing on-site parking spaces, plus two additional that will be considered to use on-street parking in the vicinity, but will not have any exclusive or assigned use of on-street parking); address noise, illegal behavior and disturbances, including an explicit statement that fireworks are illegal in Santa Cruz County; trash management (e.g., trash to be kept in covered containers only). (e) Proof that a dwelling unit was being used as a vacation rental prior to April 5, 2011. Such proof may consist of, among other things, the following items: (i) Documentation that the owner paid County of Santa Cruz transient occupancy tax for the use of the vacation rental; or (ii) Documentation that there has been vacation rental use of the unit. This could include the following: the owner allowed transient guests to occupy the subject property in exchange for compensation and the applicant furnishes reliable information, including but not limited to records of occupancy and tax documents, guest reservation lists, and receipts, showing payment and dates of stay. (f) Retroactive Payment of Transient Occupancy Tax. For those applicants who provide adequate documentation that a dwelling unit was used as a vacation rental prior to April 5, 2011, but where the owner has not registered and paid transient occupancy tax, proof of retroactive payment of the transient occupancy tax amount due to the County to the extent allowed by law for the time during which a dwelling unit was being used as a vacation rental shall be submitted. (g) Number of People Allowed. The maximum number of guests allowed in an existing individual residential vacation rental shall not exceed two people per bedroom plus two additional people, except for celebrations and gatherings between 8:00 a.m. and 10:00 p.m., when the maximum number of people allowed is twice the maximum number of guests allowed. Prior to November 1, 2016, children under 12 are not counted toward the maximums; on or after November 1, 2016, children under eight not counted toward the maximum number of guests. (2) New Vacation Rentals. For new applications for vacation rentals of three bedrooms or fewer, except as provided in SCCC 18.10.124(B), no public hearing shall be required and action on these applications shall be by the Planning Director or designee, with notice of through the proposed actionLevel IV administrative use permit process as provided not less than 10 calendar days before issuance of the permit, pursuant to SCCC 18.10.222in SCCC 18.10.131(B) and (C). Appeals of the proposed action on the application may be made by the applicant or any member of the public. Pursuant pursuant to SCCC 18.10.124(B),324, and the Planning Director may refer the application to the Zoning Administrator or Planning Commission for a public hearing. in accordance with SCCC 18.10.124(B). For new applications for vacation rentals consisting of four or more bedrooms, the application shall be considered at a public hearing in accordance with the public hearing procedures in Chapter 18.10 SCCC. (a) Level V use permit public hearing procedures as provided in SCCC 18.10.131(C). Any new vacation rental permit issued for vacation rentals consisting of four or more bedrooms will be given a one-year provisional permit subject to review for compliance with vacation rental code requirements Packet Pg. 98 Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) (c) Nonrefundable application fee as established by the Board of Supervisors, but no greater than necessary to defray the cost incurred by the County in administering the provisions of this chapter. 9.b (b) In the Live Oak Designated Area, the Seacliff/Aptos Designated Area, or the Davenport/Swanton Designated Area,(a) Designated Area Caps. Within the LODA, no more than 220 vacation rental permits shall be issued, and no more than 18 hosted rental permits shall be issued, for a total of 238 vacation rentals and hosted rentals in the LODA. Within the SALSDA, no more than 241 vacation rental permits shall be issued, and no more than 45 hosted rental permits shall be issued, for a total of 286 vacation rentals and hosted rentals in the SALSDA. Within the DASDA, no more than 3 vacation rental permits shall be issued, and no more than 4 hosted rental permits shall be issued, for a total of 7 vacation rentals and hosted rentals in the DASDA. (b) Designated Area Block Limits. In the LODA, SALSDA or DASDA (“Designated Areas”), no new vacation rental shall be approved if parcels with permitted vacation rentals or permitted hosted rentals on the same block total 20 percent or more of the total parcels on that block that allow residential use, excluding those. A Block Map adopted by resolution of the Board of Supervisors shall assign parcels to blocks to determine block capacity for future vacation rental permits. In the count of parcels that allow residential use in each of the Designated Areas, parcels in the Mobile Home Park Combining Zone District; except that in shall be excluded. The count of parcels that allow residential use shall not include the following streets and areas the percentage of parcels that may have vacation rentals or hosted rentals isbecause numbers are not limited by caps or block limits in these locations: Pot Belly Beach Road; Las Olas Drive; those residentially zoned parcels in the Rio Del Mar flats consisting of parcels fronting on Stephen Road, Marina Avenue, and Venetian Road between its intersection with the Esplanade and Aptos Beach Drive to its intersection with Lake Court and Stephen Road; those parcels fronting on or gaining access from Cliff Court or fronting on or gaining access from Rio Del Mar Boulevard between its intersection with Aptos Beach Drive and Beach Drive to its intersection with Kingsbury Drive, Cliff Drive, and Beach Villa Lane; Beach Drive; and Via Gaviota. In addition, no more than 15 percent of all of the parcels that allow residential use in the Live Oak Designated Area and the Seacliff/Aptos Designated Area, and no more than 10 percent of all the parcels that allow residential use in the Davenport/Swanton Designated Area, excluding those parcels in the Mobile Home Park Combining Zone District, may contain vacation rentals or hosted rentals. Notwithstanding these maximums, each block in the Live Oak Designated Area, the Seacliff/Aptos Designated Area, or the Davenport/Swanton Designated Area Notwithstanding these block limits, each block in the LODA, SALSDA, or DASDA that has parcels that allow residential use, excluding those parcels in the Mobile Home Park Combining Zone District, may have at least one vacation rental or hosted rental if otherwise allowable under applicable Designated Area Caps for both vacation rentals and hosted rentals. (i) Block Map Adjustment. Several areas throughout the County, especially in the LODA and SALSDA, are comprised of incongruous “blocks.” The Block Map is intended to clarify that parcels are permanently assigned to a block in the most organized fashion possible; however, adjustment of blocks may be warranted in certain circumstances. In conjunction with applying for a Vacation Rental Permit, an applicant may request a Block Map Adjustment. (ii) The Planning Director or designee has the discretion to adjust the Block Map upon making the following finding: Packet Pg. 99 Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) prior to granting the remainder of the standard 5-year term. When a public hearing is required, notice of such a public hearing shall be provided not less than 10 calendar days before the public hearing, pursuant to SCCC 18.10.223. 9.b Adjustment of the Block Map is warranted because the block in question is incongruous and such adjustment of the Block Map will not result in an overconcentration (20% or more) of parcels with vacation rentals on the assigned block. (i) Completed application form. (ii) Application fee deposit. The deposit will cover the estimated costs of processing the application for a new vacation rental permit. Upon notice by the Planning Department, applicants may need to deposit additional funds to cover further processing costs. (i) Completed application form. (ii) Nonrefundable application fee as established by the Board of Supervisors, but no greater than necessary to defray the cost incurred by the County in administering the provisions of this chapter, except that if the application requires a public hearing due to referral of the application to the Zoning Administrator or Planning Commission, then the application will be converted to an “at cost” application and the applicant will be billed for staff time associated with processing the application. (iii) Plans, which do not need to be drawn by a professional, drawn to scale including the following: A. Plot plan showing location of all property lines, location of all existing buildings, and location of dimensioned on-site parking spaces. B. Floor plan showing all rooms with each room labeled as to room type. (iv) CopyForm of a rental/lease agreement to be used, or house rules/requirements, which shall include, but not necessarily be limited to, the following: number A. Number of guests allowed (, which shall not exceed two/ per legal bedroom plus two additional guests, prior to November 1, 2016, children under 12 not counted, on or after November 1, 2016, (children under eight years old not counted); for celebrations and gatherings between 8:00 a.m. and 10:00 p.m., and 10:00 p.m., the maximum number of people allowed is twice the maximum number of guests allowed); number. B. Number of vehicles a guest is allowed (to park on-site and off-site (specific to the neighborhood), which shall not to exceed the number of existing, required, or permitted parking spaces. The on-site parking spaces, plus requirements for new vacation rental permits shall be a minimum of one on-site space for one and twoadditional that bedroom units, and a minimum of two on-site spaces for three- or more bedroom units. The guest will be considered to allowed to park one additional vehicle off-site. The guest must use on-street parking for the off-site vehicle in the vicinity, of the vacation rental but will not have any exclusive or assigned use of onstreet parking); addressany available street parking. Should off-site parking occur within a parking district, the vacation rental permit holder will be required to purchase a parking permit at the business rate and will not be eligible for residential parking permit allocations. In situations where the required on-site parking cannot be provided, an on-site parking exception may be requested in conjunction with a Level V Vacation Rental Permit Application, for consideration by the Zoning Administrator at a public hearing, who shall make the following finding in conjunction with approval of the parking exception: Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) (c) Applicants for a permit for a new vacation rental shall provide the following to the Planning Department: Packet Pg. 100 9.b A.C. Restrictions on noise, illegal behavior, and disturbances, including an explicit statement that fireworks are illegal in Santa Cruz County; and directions for trash management (e.g., trash to be kept in covered containers only). (v) Copy of a County of Santa Cruz transient occupancy registration certificate, or proof of registry with a verified on-line platform, for the purpose of the operation of a vacation rental. (vi) No new vacation rental use may be permitted in a dwelling unit having a common wall or walls with another dwelling unit or units after the effective date of the ordinance amending the original vacation rental ordinance (Ordinance No. 5092, effective July 13, 2011), unless at the time of submission of the application, unless the applicant provides a written agreement acceptable to the County and signed by all the record owner(s) of the adjoining dwelling unit(s) either at the time of application submittal or prior to approval of the vacation rental permit, stating that they are aware of the proposed vacation rental use and have no objection to issuance of a permit for such use. The agreement shall be binding on the parties thereto and their successors in interest for so long as the vacation rental permit for which the agreement was submitted, if issued, remains valid, and each party shall be responsible to inform its own successor(s) in interest in the unit of the agreement as part of the sale or transfer of the unit to such successor(s). (vii) After the effective date of Ordinance No. 5229 amending the vacation rental ordinance, onlyOnly one vacation rental is permitted per parcel regardless of the number or configuration of dwellings on the parcel. (d) Number of People Allowed. The maximum number of guests allowed in a new residential vacation rental shall not exceed two people per bedroom plus two additional people, except for celebrations and gatherings between 8:00 a.m. and 10:00 p.m., when the maximum number of people allowed is twice the maximum number of overnight guests allowed. Prior to November 1, 2016, children under 12 are not counted toward the maximums; on or after November 1, 2016, children under eight not counted toward the maximum number of guests. (d) Residences that are subject to affordable housing covenants and/or are income-restricted for affordable housing purposes are not eligible for a vacation rental permit. (e) Waiting List. The Planning Department shall maintain a waiting list in the event that a Designated Area is at or exceeds the established block or designated area maximum, which shall be comprised of property owners who wish to operate either a vacation rental or a hosted rental in the LODA, SALSDA or DASDA. Prospective applicants shall submit requests via a Waiting List Request Form. Applicants for the waiting list must be the current owner/s of the property. The waiting list request shall become void upon transfer of ownership in accordance with the criteria outlined in SCCC 13.10.694(D)(4). (3) Renewal of Vacation Rental Permits in the LODA, SADA, and DASDA. In the Live Oak Designated Area, the Seacliff/Aptos Designated Area, or the Davenport/Swanton Designated Area only,. All vacation rental permits must be renewed every five years. Beginning on May 14, 2015, the effective date of the establishment of the Seacliff/Aptos Designated Area, starting on September 15, 2020, except those in the LODA and SALSDA, where vacation rental permits issued before that effective date for property in the Seacliff/Aptos Designated Area shall be limited to a term of must be renewed every five years from May 14, 2015, and application to renew the vacation rental permit must be made in accordance with the provisions of this section.the date of issuance. An application to Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) Existing traffic and parking on nearby streets and properties would not be adversely affected by granting of an on-site parking reduction, as off-site parking is typically available and not subject to significant levels of congestion. Packet Pg. 101 renew a permit for a vacation rental in the Live Oak Designated Area, the Seacliff/Aptos Designated Area, or the Davenport/Swanton Designated Area shall be madeshall be submitted no sooner than 180 days before the expiration date of the existing permit, and no later than the date of expiration of that permit. It is the intention of the County of Santa Cruz that there is a presumption that an application for renewal of a vacation rental permit will be approved, except that only one vacation rental permit may be renewed on any one parcel. Determination that the application isUpon receipt of a complete shall stayapplication, the expiration of the existing permit shall be stayed until final action is taken on the renewal application. Except as provided in SCCC 18.10.124(B), no public hearing shall be required and action on permit renewal applications shall be by the Planning Director or designee, with notice of the proposed actionvacation rental renewals shall be processed pursuant to the Level IV administrative use permit process as provided not less than 10 calendar days before issuance or denial of the permit, pursuant to SCCC 18.10.222in SCCC 18.10.131(B) and (C). Appeals of the proposed action on the renewal application may be made by the applicant or any member of the public pursuant to SCCC 18.10.324. (a) If a public hearing is required, the Planning Director shall schedule the public hearing before either the Zoning Administrator or the Planning Commission, at the Planning Director’s discretion. Notice of such a public hearing shall be provided not less than 10 calendar days before the public hearing, pursuant to SCCC 18.10.223. (b) Applicants for renewal of a permit for a vacation rental in the Live Oak Designated Area, the Seacliff/Aptos Designated Area, or the Davenport/Swanton Designated Area shall provide the following to the Planning Department: (i) Completed application form. (i) Completed application form. (ii) Nonrefundable application fee as established by the Board of Supervisors, but no greater than necessary to defray the cost incurred by the County in administering the provisions of this chapter, except that if the application requires a public hearing due to referral of the application to the Zoning Administrator or Planning Commission, then the application will be converted to an “at cost” application and the applicant will be billed for staff time associated with processing the application. (ii) Application fee deposit. The deposit will cover the estimated costs of processing the application for renewal of a vacation rental permit. Upon notice by the Planning Department, applicants may need to deposit additional funds to cover further processing costs. (iii) Proof of payment of transient occupancy tax, or proof of registry with a verified online platform, for the use of the dwelling as a vacation rental and a summary of the dates the unit was used as a vacation rental between the time of issuance of the existing permit and the date of application for the renewal. For renewal applications processed prior to November 1, 2016, renewal applications must show significant rental use of the unit for two of the previous five years. For renewal applications processed on or after November 1, 2016, applications must show significant rental use for three out of the previous five years. Determination of significantSignificant rental use shall be madeinterpreted to include no fewer than 10% of weekend nights in accordance with guidelines adopted by resolutiona given year, or a minimum occupancy of the Board of Supervisors.5 weekends or 10 nights per calendar year. (iv) A photograph of the sign installed on the parcel as required by the existing permit, and clearly including all information required under subsection (F) of this section. Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) 9.b Packet Pg. 102 (c) Although the Processing of renewal processapplications includes a staff review of County recordsany issued or pending building permits or other permits and otherreview of all pertinent information specific to complaints, if any, that have been received about the particular subject vacation rental, it is the intention of the County of Santa Cruz that there is a presumption that an application for renewal of a vacation rental permit will be approved.. Approval of a vacation rental renewal permit shall be based on affirmative findings as set forth in SCCC 18.10.230(A).. Denial of an application for renewal shall be based on one or more of the required findings not being able to be made, as set forth in SCCC 18.10.230(A). Additionally, a County Code violation or violations related to the property, such as operating the vacation rental while under emergency orders from the state or County that prohibit such operation, mis-advertising the rental, citations for violation of SCCC 8.30 (Noise), and/or failure of the local property manager to timely respond to complaints are all grounds for denial. (d) Renewals of “Existing Vacation Rentals,” or permits issued pursuant to the first-adopted version of the County’s vacation rental regulations in 2011, shall not be subject to block density, neighbor sign-off for condominium units with shared walls, on-site parking requirements, or the restriction on operating a vacation rental on a property which is also developed with an ADU. Additionally, the restriction not allowing vacation rentals in ADUs applies only to vacation rental permits originally issued after March 9, 2018. (4) Transfer of Property with Vacation Rental Permit in the LODA, SADASALSDA, or DASDA. Within the Live Oak Designated Area, the Seacliff/Aptos/La Selva Designated Area, (except within the La Selva Beach community), and the Davenport/Swanton Designated Area, for properties transferred after September 13, 2016, when a property transfer triggers reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq., as determined by the Assessor, the vacation rental permit(s) associated with the property shall expire and shall become nonrenewable at the time of property transfer. For properties located in all other areas of the County, and including the community of La Selva Beach, that are transferred after September 21, 2020, when a property transfer triggers reassessment pursuant to the California Revenue and Taxation Code Section 60 et seq., as determined by the Assessor, the vacation rental permit(s) associated with the property shall expire and shall become nonrenewable at the time of property transfer. Any future use as a vacation rental shall require approval of an application for a new vacation rental rather than a renewal vacation rental. (5) Expansion of Permitted Vacation Rental. In addition to any other permits required for a proposal to expand the square footage of a permitted vacation rental structure by an amount equal to or more than 50 percent or to increase the existing number of bedrooms by demolition or remodeling, a new vacation rental permit shall be required in accordance with subsection (D)(2) of this section. (E) Local Contact PersonLocal Property Manager. All vacation rentals shall designate a contact person local property manager, who is located within a 30- miles radius of the vacation rental. The contact personlocal property manager shall be available 24 hours a day to respond to tenant and neighborhood questions or concerns. A property owner who lives within a 30- miles radius of the vacation rental may designate himself or herself as the local contact personthemself as the local property manager. Failure to respond within 60 minutes of being contacted, as verified by County Code Enforcement staff or the County Sheriff, shall constitute a significant violation and may lead to revocation of the permit in accordance with SCCC 18.10.136. The applicant shall mail, deliver, or otherwise provide the name, address, telephone number(s) of the local contact personproperty manager, and the beginning and expiration dates of the vacation rental permit shall be submitted, to the Planning Department, the local Sheriff Substation, the AuditorController-Treasurer Tax Collector, the main County Sheriff’s Office, and the local fire agency, and supplied to the property owners of all properties located within a 300-foot radius of the boundaries of the parcel on which the vacation rental is located. For all vacation rental permit applications, including Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) 9.b Packet Pg. 103 applications for renewal and amendment, submitted after the effective date of the ordinance amending the original vacation rental ordinance (Ordinance No. 5092) contact information shall also be submitted to the Auditor-Controller-Treasurer-Tax Collector. Proof of mailingProof of mailing or delivery of the contact information to all of the above shall be submitted to the Planning Department within 30 days of permit approval, amendment, or renewal. The name, address and telephone number(s) of the local contact personproperty manager shall be permanently posted in the rental unit in a prominent location(s).. Any change in the local contact personproperty manager’s address or telephone number shall be promptly furnished to the agencies and neighboring property owners as specified in this subsection. (F) Signs. All vacation rentals shall have a sign identifying the structure as a permitted vacation rental and listing a the 24-hour local contact property manager responsible for responding to complaints and providing general information, which shall be placed no more than 20 feet back from the nearest street. In the LODA, SADA and DASDAFor all rentals, the sign must also display the beginning and end dates of the five-year vacation rental permit. This information shall be updated upon any renewal of such a permit. The sign may be of any shape, but may not exceed 216 square inches. There is no minimum sign size so long as the information on the sign is legible from the nearest street. A sign required by this subsection shall be continuously maintained while the dwelling is rented. (G) Posting of Rules. Vacation rental rules shall be posted inside the vacation rental in a location readily visible to all guests. The rules shall include, but not necessarily be limited to, the following: number of guests allowed (two/bedroom plus two prior to November 1, 2016, children under 12 not counted, on or after November 1, 2016, children under eight not counted for celebrations and gatherings between 8:00 a.m. and 10:00 p.m., the maximum number of people allowed is twice the maximum number of guests allowed);; number of vehicles allowed (not to exceed the number of existing on-site parking spaces, plus two additional that will be considered to use on-street parking in the vicinity, but will not have any exclusive or assigned use of on-street parking); address ; restrictions on noise, illegal behavior, and disturbances, including an explicit statement that fireworks are illegal in Santa Cruz County; and directions for trash management (e.g., trash to be kept in covered containers only). (H) Noise. All residential vacation rentals shall comply with the standards of Chapter SCCC 8.30 SCCC, (Noise,) and a copy of that chapter shall be posted inside the vacation rental in a location readily visible to all guests. No use of equipment requiring more than standard household electrical current at 110 or 220 volts or activities that produce noise, dust, odor, or vibration detrimental to occupants of adjoining dwellings is allowed. (I) Transient Occupancy Tax. Each residential vacation rental owner shall meet the regulations and standards set forth in Chapter SCCC 4.24 SCCC, including any required payment of transient occupancy tax for each residential vacation rental unit. (J(J) Advertising. All advertising for vacation rentals shall include the vacation rental permit number in the first two lines of the advertisement text, and where photos are included, a photo containing the permit number shall be included, as well as a photo of the required signage that includes the 24-hour contact information and vacation rental identification. Advertising a vacation rental for a property without a vacation rental permit is a violation of this chapter and violators are subject to the penalties set forth in SCCC 19.01. (K) Dispute Resolution. By accepting a vacation rental permit, vacation rental owners agree to engage in dispute resolution and act in good faith to resolve disputes with neighbors arising from the use of a dwelling as a vacation rental. Unless an alternative dispute resolution entity is agreed to by all parties involved, dispute resolution shall be conducted through the Conflict Resolution Center of Santa Cruz County. Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) 9.b (KL) Violation. 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 SCCC 19.01 SCCC, Enforcement of Land Use Regulations. Packet Pg. 104 9.b If more than two documented, significant violations occur on a vacation rental property within any 12month period, a permit mayshall be reviewednoticed for possible amendment or a Level V public hearing to consider permit revocation. Evidence of significant “Significant violations” includes, but is not limited to, copies of are: citations, for violation of SCCC 8.30 (Noise); violation of any specific conditions of approval associated with the permit; mis-advertising the capacity and limitations applicable to the vacation rental; written warnings, or other documentation filed by law enforcement; copies of homeowner association warnings, reprimands, or other association actions; a permit holder providing false or misleading information on an application or renewal application; evidence of violations of Sstate or County health regulations; non-compliance with a public health order or emergency regulation issued by state or local authorities which may limit use and occupancy of vacation rentals; evidence that a permit holder is delinquent delinquency in payment of transient occupancy taxes, fines, or penalties; evidence of non-responsive property management or that appropriate , including failure by the local property manager to respond to calls within 60 minutes; and failure to maintain signage has not been maintained in compliance with this section; verified neighbor complaints of noise or other disturbances, particularly those involving the use of fireworks by occupants of the vacation rental; or other documents which substantiate allegations of significant violations. In the event a permit is revoked based upon a review under this section, no application by , the person or entity from whom the permit was revoked shall be filed barred from applying for a vacation rental permit on for the same parcel within two years after the date of revocation, without prior consent of the Board of Supervisors. (LM) It is unlawful to make a false report to the Sheriff’s Office regarding activities associated with vacation rentals. [Ord. 5266 § 8, 2018; Ord. 5265 § 12, 2018; Ord. 5264 § 13, 2018; Ord. 5229 § 5, 2016; Ord. 5198 § 1, 2015; Ord. 5092 § 6, 2011]. SECTION VI The adoption of this ordinance is not a “project” within the meaning of the California Environmental Quality Act (CEQA) because it involves organizational or administrative activities of the County that will not result in direct or indirect physical changes in the environment. (CEQA Guidelines § 15378(b)(5)). SECTION VII The Board of Supervisors further finds and determines in its reasonable discretion on the basis of the entire record before it that the proposed amendments to SCCC 13.10 are consistent and compatible with and will not frustrate the objectives, policies, general land uses, and programs specified in the General Plan and Local Coastal Program. SECTION VIII Should any section, clause, or provision of this ordinance be declared by the courts to be invalid, the same shall not affect the validity of the ordinance as a whole, or parts thereof, other than the part so declared to be invalid. Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) A violation of any of the requirements to obtain a vacation rental permit may be grounds for denial of a new vacation rental permit application. Further, violations of vacation rental regulations, or of any other provision of the Santa Cruz County Code, may be grounds for denial of a renewal application or revocation of an existing vacation rental permit after consideration at a Level V public hearing by the Zoning Administrator (or by the Planning Commission upon referral). SECTION IX Packet Pg. 105 9.b This ordinance shall take effect on the 31st day following adoption, or upon certification by the California Coastal Commission, whichever is later. AYES: NOES: ABSENT: ABSTAIN: SUPERVISORS SUPERVISORS SUPERVISORS SUPERVISORS ____________________________________________ CHAIRPERSON, BOARD OF SUPERVISORS ATTEST: ________________________________ Clerk of the Board APPROVED AS TO FORM: _________________________________ County Counsel Attachment: Ordinance SCCC 13.10.694 (strikeout-underline) (9316 : Vacation Rental Ordinance and Related Actions) PASSED AND ADOPTED this ______ day of _____________, 2020 by the Board of Supervisors and the County of Santa Cruz by the following vote: Packet Pg. 106 BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA RESOLUTION NO. ______ On the motion of Supervisor: duly seconded by Supervisor: the following Resolution is adopted: RESOLUTION APPROVING THE NOTICE OF EXEMPTION UNDER THE CALIFORNIA ENVIRONMENTAL QUALITY ACT, FINDING THE PROPOSED AMENDMENTS TO CHAPTER 13.10 OF THE SANTA CRUZ COUNTY CODE TO AMEND SECTIONS RELATED TO VACATION RENTALS ARE CONSISTENT WITH THE CALIFORNIA COASTAL ACT, AND DIRECTING SUBMITTAL OF THE PROPOSED LOCAL COASTAL PROGRAM AMENDMENTS TO THE CALIFORNIA COASTAL COMMISSION FOR CERTIFICATION ______________________________________________________________________________ WHEREAS, the Santa Cruz County Code (“SCCC”) provides for the regulation of vacation rentals in SCCC 13.10.694 and in various uses charts in SCCC 13.10.312, 13.10.322, 13.10.352, and 13.10.372; and WHEREAS, the County of Santa Cruz (“County”) is in a housing crisis similar to other communities in the state of California and desires to preserve its housing stock; and WHEREAS, at its meeting on January 14, 2020, the Board of Supervisors of the County of Santa Cruz directed staff to prepare amendments to its vacation rental regulations, including reducing the maximum number of vacation rentals permitted in the Live Oak Designated Area (“LODA”), the Sea Cliff/Aptos Designated Area (“SADA”), and the Davenport/Swanton Designated Area (“DASDA”); to establish a waiting list procedure, to change the permit process level for three or fewer bedroom units; to change the permit process level for vacation rental permit renewals, and to establish a minimum parking requirement for new rentals; and WHEREAS, at its meeting on January 28, 2020, the Board of Supervisors further directed that the La Selva Beach community be included within the SADA, which was renamed “SALSDA”; and WHEREAS, SCCC 13.10 is a Local Coastal Program implementing ordinance; and WHEREAS, on May 27, 2020, the Planning Commission held a duly-noticed public hearing and adopted a resolution recommending adoption of the proposed amendments to SCCC 13.10, finding they were consistent and compatible with the General Plan, Local Coastal Program, and Coastal Act, and finding the proposed amendments were exempt from the requirements of the 1 Attachment: Resolution - CEQA Exemption, Vacation Rentals - submittal to CCC (9316 : Vacation Rental Ordinance and Related Actions) 9.c Packet Pg. 107 California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5); and WHEREAS, the Board of Supervisors held a duly-noticed public hearing on June 16, 2020, to consider the proposed amendments to SCCC 13.10, a Local Coastal Program implementing ordinance, and following clarifications to the proposed amendments the Board of Supervisors further considered the amendments at meetings on June 30, and August 18, 2020; and WHEREAS, the Board of Supervisors adopted the proposed amendments to SCCC 13.10 at a duly-noticed public hearing on August 18, 2020, and now desires to submit the amendments to the California Coastal Commission for review and certification; and WHEREAS, as a member of the Santa Cruz Mid-County Groundwater Agency (“MGA”), the County has duly considered the effect of the proposed amendments on MGA’s Groundwater Sustainability Plan, as well as other County groundwater management plans, and determined pursuant to state law, including the Sustainable Groundwater Management Act, that no update to these plans is required at this time; and WHEREAS, the material which constitutes the record of proceedings upon which the Board of Supervisors’ decision is based shall be located in the offices of the Planning Department, located at 701 Ocean Street, Santa Cruz, California; NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Santa Cruz hereby finds and determines that the foregoing recitals are adopted as findings as though set forth within the body of this resolution. BE IT FURTHER RESOLVED that based on the foregoing findings, the Board of Supervisors hereby directs County staff to submit for review and certification amendments to the Santa Cruz County Code and Local Coastal Program implementing ordinance related to regulation of vacation rentals to the California Coastal Commission as provided in SCCC 13.03 regarding Local Coastal Program Administration. BE IT FURTHER RESOLVED that the Board of Supervisors hereby approves the CEQA Notice of Exemption presented on this date and finds that the amendments to the County’s vacation rental regulations provide further tightening of land use controls. The adoption of the amendments is not a “project” within the meaning of CEQA because it involves organizational or administrative activities of the County that will not result in direct or indirect physical changes in the environment under CEQA Guidelines section 15378(b)(5). BE IT FURTHER RESOLVED that the Board of Supervisors hereby finds and determines on the basis of the entire record before it that the amendments to the Santa Cruz County Code and Local Coastal Program implementing ordinance are consistent and compatible with and will not frustrate the objectives, policies, general land uses, and programs specified in the General Plan and Local Coastal Program, as amended. 2 Attachment: Resolution - CEQA Exemption, Vacation Rentals - submittal to CCC (9316 : Vacation Rental Ordinance and Related Actions) 9.c Packet Pg. 108 BE IT FURTHER RESOLVED that the Board of Supervisors hereby finds and determines on the basis of the entire record before it that the amendments to the Local Coastal Program implementing ordinance are consistent with the Coastal Act, its goals and policies, including the protection of the overall quality of the coastal zone environment and its natural and artificial resources, and the implementation of coordinated planning and development for mutually beneficial uses in the coastal zone. BE IT FURTHER RESOLVED that the Local Coastal Program amendments shall be effective upon certification by the California Coastal Commission as provided in SCCC 13.03 regarding Local Coastal Program Administration. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this ____ day of ___________ 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: SUPERVISORS SUPERVISORS SUPERVISORS SUPERVISORS ___________________________ Chair, Board of Supervisors ATTEST: ____________________ Clerk of the Board APPROVED AS TO FORM: _______________________ 8/5/2020 (AMS# 9316) Office of the County Counsel 3 Attachment: Resolution - CEQA Exemption, Vacation Rentals - submittal to CCC (9316 : Vacation Rental Ordinance and Related Actions) 9.c Packet Pg. 109 Attachment: Notice of Exemption (NOE) from CEQA, Vacation Rental Ordinance (9316 : Vacation Rental Ordinance and Related Actions) 9.d Packet Pg. 110 Attachment: Notice of Exemption (NOE) from CEQA, Vacation Rental Ordinance (9316 : Vacation Rental Ordinance and Related Actions) 9.d Packet Pg. 111 9.e Resolution No.________ On the motion of Supervisor _____________ Duly seconded by Supervisor _____________ The following resolution is adopted: RESOLUTION ADOPTING A VACATION AND HOSTED RENTALS DESIGNATED AREA BLOCK MAP AND BLOCK MAP ASSIGNMENT AND ADJUSTMENT CRITERIA WHEREAS, at its meeting of January 14, 2020, the Board of Supervisors of the County of Santa Cruz directed Planning Department staff to prepare amendments to the Vacation Rental regulations in the Santa Cruz County Code (“SCCC” or “County Code”), including preparation of an official Block Map that incorporates the three Designated Areas located in unincorporated Santa Cruz County, including the Live Oak Designated Area, or LODA, the Davenport/Swanton Designated Area, or DASDA, and the newly renamed Seacliff/Aptos/La Selva Beach Designated Area, or SALSDA; and WHEREAS, the methodology by which neighborhood blocks and corner lots are defined and assigned on the Block Map generally consists of assigning properties that abut on either side of a street between two intersecting or intercepting streets to be defined as a “Block,” and with corner parcels being assigned to a Block in a manner that favors assignment to the street with primary access; and WHEREAS, the purpose of the Block Map is to bring consistency and transparency to Blocks where a 20% cap on vacation rentals and hosted rentals applies, especially as related to the assignment of corner properties; and WHEREAS, the Vacation Rental regulations of SCCC 13.10.694 require the Block Map to be adopted by resolution of the Board of Supervisors; the Block Map will be available to the public on the County’s Geographic Information System (“GIS”) Land Use layers, titled “Designated Area Blocks”; and WHEREAS, despite the intention to create Block assignments with neighborhood blocks and corner lots defined and assigned in an organized fashion, incongruous Blocks and atypical situations do exist; therefore, the County Code includes a provision by which a property owner may apply for a Block Map Adjustment in accordance with SCCC 13.10.694.D(2)(b)(i) and listed Block Map Adjustment criteria; and WHEREAS, the Planning Commission considered the proposed amendments to the Vacation Rental ordinance, including the newly drafted provisions regarding inclusion of a Block Map, and considered public testimony and other evidence at a public hearing held at its regular meeting of May 27, 2020; and Attachment: Resolution - Designated Area Block Maps [Revision 1] (9316 : Vacation Rental Ordinance and Related Actions) BEFORE THE BOARD OF SUPERVISORS OF THE COUNTY OF SANTA CRUZ, STATE OF CALIFORNIA Packet Pg. 112 WHEREAS, at its meeting of June 16, 2020, the Board of Supervisors considered the amendments to the Vacation Rental regulations, including the provision to adopt a Block Map related to the three Designated Areas, and continued the item for further amendments; and WHEREAS, at its meeting of June 30, 2020, the Board of Supervisors again considered the amendments to the Vacation Rental regulations, including the provision to adopt a Block Map, and continued the item for further amendments; and WHEREAS, the amendments to the Vacation Rental regulations, including the creation of an official Block Map, have been reviewed with respect to applicability of the California Environmental Quality Act (“CEQA”) and CEQA Guidelines (California Code of Regulations, Title 14, sections 15000 et seq.). Amendments to the Vacation Rental regulations and creation of a Block Map is not a project subject to CEQA because it involves organizational or administrative activities of the County that will not result in direct or indirect physical changes in the environment pursuant to CEQA Guidelines § 15378(b)(5); NOW, THEREFORE, BE IT RESOLVED that the Board of Supervisors of the County of Santa Cruz hereby adopts an official Block Map pursuant to Santa Cruz County 13.10.694. BE IT FURTHER RESOLVED that the Board of Supervisors hereby resolves and orders the County Planning Department to incorporate the Designated Areas of the LODA, the DASDA, and the SALSDA into the official Block Map as a Land Use layer titled “Designated Area Blocks” on the County’s Geographic Information System; and to administer Block Map Adjustment provisions of the regulations in substantial conformance with the criteria contained in Exhibit A attached hereto. PASSED AND ADOPTED by the Board of Supervisors of the County of Santa Cruz, State of California, this ___ day of ___________ , 2020, by the following vote: AYES: NOES: ABSENT: ABSTAIN: ______________________________ Chair, Board of Supervisors ATTEST: __________________________ Clerk of the Board Approved as to Form: ________________________________8/5/2020 (AMS# 9316) Office of the County Counsel Attachment: Resolution - Designated Area Block Maps [Revision 1] (9316 : Vacation Rental Ordinance and Related Actions) 9.e Packet Pg. 113 9.f VACATION AND HOSTED RENTALS DESIGNATED AREA BLOCK MAP ADJUSTMENT CRITERIA In accordance with SCCC 13.10.694.D(2)(b)(i), a property owner may request a Block Map Adjustment. A Block Map Adjustment may be granted administratively by the Planning Director if the parcel in question is located on an incongruous block, and adjustment of the Block Map will not result in an overconcentration (20% or more) of parcels with vacation rentals on the assigned block, and adjustment is warranted in accordance with the following criteria. An “incongruous block” shall be defined as a block that cannot be defined as a typical rectangular block, bounded on four sides by a public street, or a block that includes a “remainder parcel,” which is a mid-block parcel that has been assigned to an adjacent, otherwise congruous block. In making decisions about requests for Block Map Adjustments, the Planning Director will consider the following criteria: Supports Assignment to an Associated Block: 1) Street Access is taken from the street associated with the Block to which re-assignment is being requested, and/or 2) The mailing address is associated with the Block to which re-assignment is being requested, and/or 3) The front door of the home is associated with the Block to which re-assignment is being requested, and/or 4) The parcel in question qualifies as a “remainder parcel”, and 5) The Block to which the Adjustment is requested is at less than 20% capacity. Less Supportive of Adjustment (assignment to an alternate Block) 1) Street Access is not taken from the street associated with the Block to which re-assignment is being requested, or 2) The mailing address associated with the parcel is not associated with the Block to which re-assignment is being requested, or 3) The Block Map Adjustment would cross an intersecting street thereby making it inconsistent with the definition of “block” in SCCC 13.10.700-Definitions, or 4) The Block to which the re-assignment is being requested is near 20% capacity or the adjustment would result in a block that is over 20% capacity. Attachment: Block Map Adjustment Criteria (Exhibit A) (9316 : Vacation Rental Ordinance and Related Actions) EXHIBIT A Packet Pg. 114 Attachment: Planning Commission Resolution (9316 : Vacation Rental Ordinance and Related Actions) 9.g Packet Pg. 115 Attachment: Planning Commission Resolution (9316 : Vacation Rental Ordinance and Related Actions) 9.g Packet Pg. 116 Item #7 1 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h Packet Pg. 117 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 2 Packet Pg. 118 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 3 Packet Pg. 119 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 4 Packet Pg. 120 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 5 Packet Pg. 121 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 6 Packet Pg. 122 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 7 Packet Pg. 123 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 8 Packet Pg. 124 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 9 Packet Pg. 125 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related Actions) 9.h 10 Packet Pg. 126 Attachment: Planning Commission Staff Report and attachments May 27, 2020 (9316 : Vacation Rental Ordinance and Related 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