Title
Planning and Building Department, Tahoe Planning and Building Division, recommending the Board approve the Final Passage (Second Reading) of Ordinance 5209 amending Title 5 - County Business Taxes, Licenses and Regulations of the El Dorado County Ordinance Code, amending Chapter 5.56 - Vacation Home Rentals, to add the recommendations of the Vacation Home Rental Advisory Committee and Board of Supervisors. (Cont. 10/15/2024, Item 19)
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
On October 15, 2024, the Board meet and discussed Ordinance 5209 amending Title 5 - County Business Taxes, Licenses and Regulations of the El Dorado County Ordinance Code, amending Chapter 5.56 - Vacation Home Rentals, to add the recommendations of the Vacation Home Rental Advisory Committee and Board of Supervisors. . Several recommended changes were made to the Ordinance. The Ordinance was continued to October 22, 2024 for Final Passage (Second Reading).
On September 10, 2024 (Legistar File 24-1555) staff presented to the Board of Supervisors on proposed amendments to the County’s Vacation Home Rental Ordinance (Chapter 5.56). At that meeting, the Board accepted the majority of the Ordinance amendment recommendations from staff, but directed staff to return to the Board with revised Ordinance language to include the following:
1. Add language to clarify that where conflict arises between the Vacation Home Rental Ordinance and the Ranch Marketing or Winery Ordinances, the Ranch Marketing or Winery Ordinance shall prevail;
2. In the last paragraph in the last sentence in Section 5.56.030, include Bed and Breakfast Inns;
3. In Section 5.56.090(3), include hot tub restrictions are not applicable to owners of the property;
4. In Section 5.56.100, include language that parking must be contained within the parcel;
5. In Section 5.56.140(A), clarify who is responsible for violations whether it be the host or owner;
6. In Section 5.56.150(B), change the language to "after a property has three warnings within any twenty-four month period";
7. Clarify where renters can locate emergency evacuation information; and
8. Decrease the Vacation Home Rental permit cap to 600 homes.
To this end, staff has updated Ordinance Chapter 5.56 - Vacation Home Rentals to include these recommendations and add clarifying Ordinance language.
Additionally, the Board directed staff to provide a high-level scope and schedule to revise the Ranch Marketing and Winery Ordinances to address the issues raised by the Board including but not limited to hosted rentals, detached guest houses, and Vacation Home Rentals.
Per this direction, the Ranch Marketing Ordinance is going through a community engagement and update process. As part of that process, an update on the Ranch Marketing Ordinance was heard before the Board of Supervisors on September 24, 2024. At that meeting, the Board provided conceptual approval for staff, in collaboration with the Agricultural Community, to address changes related to Vacation Home Rentals and other forms of lodging on Agricultural properties or properties eligible for special events or other activities authorized under the Ranch Marketing Ordinance (Chapter 130.44), the Winery Ordinance (130.40.400), and Lodging Facilities Ordinance (130.40.700). Staff will continue to engage with the agricultural community to incorporate language on lodging types that meet their needs into the Ranch Marketing, Winery, and/or Lodging Facilities ordinances.
PRIOR BOARD ACTION
See Discussion/Background above.
ALTERNATIVES
The Board could choose to retain the current ordinance, direct staff to bring alternate ordinance language back to the Board or make additional recommendations.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Treasurer-Tax Collector, Chief Administrative Office, County Counsel, Surveyor, Sheriff's Office, County Fire Departments, Agricultural Commissioner
CAO RECOMMENDATION
Approve as recommended.
FINANCIAL IMPACT
No immediate financial impacts are associated with this item, and there is no change to the Net County Cost. If additional staffing requirements or resource needs arise for the VHR Program in the future, staff will return to the Board with a request.
CLERK OF THE BOARD FOLLOW UP ACTIONS
1) Obtain the Chair’s signature on the Ordinance Summary and publish in the appropriate local newspaper(s) no less than 5 days prior to Final Passage (Second Reading).
2) Publish the Summary Ordinance to include the final Board vote within 15 days after Final Passage.
3) Obtain signatures on original copy of the Ordinance and send one (1) fully executed copy of the Ordinance to Planning and Building Department, Attn: Brendan Ferry.
STRATEGIC PLAN COMPONENT
N/A
CONTACT
Brendan Ferry, Deputy Director
Planning and Building Department