Don Mosier | Rimini Road
On September 12, 2017, the Planning Commission of the City of Del Mar held a public hearing on application ZA17-001 and LCPA17-002, changes in the zoning code to regulate Short Term Rentals in most zones of the city. The most relevant changes adopted by the City Council and presented to the Planning Commission for approval or comments were these:
Short Term Rental (STR) of a dwelling unit subject to the following limitations:
1. The rental term shall be a minimum of 7 consecutive days.
2. The total number of days the dwelling unit is rented as a STR shall not exceed 28 days per calendar year.
3. Prior to engaging in an agreement for STR, the owner shall register the property with the City in accordance with Chapter 30.96.
4. The maximum number of cars permitted for the rental shall not exceed the number of existing (unobstructed and unoccupied) off-street parking spaces for the property.
5. The maximum number of occupants permitted for the rental, shall comply with maximum California Building Code occupancy requirements and shall generally not exceed two people per bedroom, or a total of two people per bedroom plus an additional two people for the dwelling unit as a whole, as applicable.
After hearing extensive public testimony, the Planning Commission failed to support the draft resolution for the zoning changes, and instead voted to recommend more study of the STR incidence and impact in each zone of the city. The votes were to allow a 1-year forbearance period to collect data on STR location, duration of stay, income generated, problems identified (5-0 vote). The second vote was not to approve of the draft ordinance with the 28 day maximum rental period and 7 day minimum stay, but approval of STR as an accessory use, and no restrictions on STRs in Central Commercial, North Commercial, and Professional Commercial zones (4-1 vote, Chair Bakker against).
The Planning Commission thus failed to support the regulatory framework adopted by the City Council, and now the Council must decide how to proceed. The decisions by the Planning Commission were advisory to the Council, and the Council has the option to support or reject the adopted advisory comments. Stay tuned for the next round in this long process.