Title
Chief Administrative Office and Planning and Building Department recommending the Board receive a presentation on the West Slope Vacation Home Rental (VHR) Program Ad Hoc Committee recommendations and provide direction to staff regarding potential amendments to the VHR Ordinance.
FUNDING: N/A
Body
DISCUSSION / BACKGROUND
On October 21, 2025 (Legistar File 25-1742) the Board voted to create the West Slope VHR Ad Hoc Committee. Board Supervisors Ferrero and Turnboo were appointed to the Ad Hoc. The Board provided the following direction to the Committee: 1) Focus the review and recommendations specifically on the West Slope region; 2) Evaluate potential changes to buffer zones between vacation home rentals; 3) Assess the inclusion of both attached and detached structures in the program; 4) Review Code Enforcement data, including the number and types of violations; and 5) Ensure that the proposed ordinance is consistent with existing County ordinances, particularly those related to Accessory Dwelling Units (ADUs), Ranch Marketing, and Agricultural Lodging.
To this end, the Ad Hoc Committee conducted several meetings focused on the Board direction. After many deliberations, review of code enforcement data and other County codes, and engagement with the public, the group coalesced around a solid set of recommendations that aim to achieve the goals that the Board set out for the Ad Hoc. Those recommendations are outlined below. The Agricultural Lodging effort is moving forward on a separate track, and these proposals do not interfere with that progress.
VHR Ad Hoc Committee Recommendation
The VHR Ad Hoc Committee recommends that staff return to the Board with a first reading of a VHR Ordinance amendment to include the following:
1. Restore the “plus 2” to the occupancy standard on the West Slope, which is currently set at 2 per bedroom,
2. Remove the 500 foot buffer around hosted home rentals on the west slope,
3. Allow ‘detached’ guest houses (along with attached guest houses, which are already allowed) to be rented short term Countywide,
4. Amend the 500 foot buffer provision to exclude parcels five acres or larger on the West Slope (see Attachment B for maps highlighting example VHRs, and their accompanying buffers, on large parcels),
5. Remove the restriction on the number of bedrooms that can be rented in a hosted home rental, which is currently capped at two bedrooms, Countywide (see Attachment C for the hosted home rental permit issuance process that staff uses to verify that hosted home rentals are legitimate),
6. Increase the age limit for children that do not count toward the occupancy limit from 5 years old to 10 years old;
7. Revise restrictions on grills, fireplaces, and fireworks to strengthen and emphasize fire safety Countywide, and
8. Include the staff recommended administrative clarification and cleanup items outlined below.
Public Engagement
The Ad Hoc Committee convened a public listening session in the County Board chambers on March 4th, 2026 to obtain feedback on potential VHR Program adjustments. A summary of that session is included as Attachment D. The major themes that were heard are as follows:
• Economic hardship due to changing regulations and red-tagging
• Frustration with inconsistent enforcement and enforcement methods
• Provide objective and clear definitions and regulations
• Reasonable pathways for detached units of different types
• Rethink buffers for large parcels
• Distinguish West Slope needs from Tahoe, including to provide lodging for recreational and agricultural tourism
• Avoid corporate VHR ownership
• Overlap with Ag Lodging and ag land diversification issue
Additionally, a four-question survey was released to the public focused on the initial direction from the Board. Questions were asked about occupancy increases, additional allowances for Guest Houses and Junior Accessory Dwelling Units (JADUs) and reducing the buffer size for large parcels.
Major themes were as follows:
• Occupancy limits deter bookings and restrict families
• Some rules are overly restrictive in general with no logical upside
• The County should be more clear about rules and definition of terms, especially ADU, JADU, guest house, and hosted home
• Allowing too many VHRs impacts neighborhood residential character
• More VHRs push locals out and reduce housing stock
• Provide flexibility and reduce rules for kitchen appliances, number of restrooms, and square footage restrictions
• Hosted rentals have fewer problems and should have fewer restrictions
• Buffers are unnecessary on large parcels
• Enforcement is difficult and inconsistent
The County received around 360 responses to the survey, and although the results were mixed, the majority of the respondents supported the County’s proposal. The results are outlined in Attachment E.
Additional Staff Recommendations
VHR Program and Code Enforcement staff have several additional recommendations on VHR Ordinance clean up items based on a year and a half of program implementation following the latest Ordinance amendment. Staff would like to take advantage of the VHR Ordinance amendment process and have the Board consider the following:
• Strengthen trash removal requirements in order to avoid recent issues with enforceability of proper placement,
• Clarify that VHR enforcement can be conducted proactively, as opposed to the way other types of code enforcement is conducted, which is reactively,
• Add a provision that a local contact or property manager who is found to own, manage or operate an unpermitted VHR, as defined in Section 5.56.050., can be decertified from serving in that capacity for any legally permitted VHR within the County,
• Clarify that the Permit Revocation Period outlined in Section 5.56.150 is for 12 months, after which an applicant can reapply for a VHR permit,
• Clarify that the Appellant discovery materials that are part of an Appeal Hearing are due to the County a minimum of five business days prior the hearing date,
• Clarify that if significant physical changes occur to a VHR that could potentially affect the conditions of the permit, including health and safety standards, the owner must submit a new permit application and fee to the County,
• Add a clause that the County may schedule safety inspections at permitted VHRs and require that the rental operator make the unit available for such inspections within 48 hours of a written notice from the County,
• Clarify in Sections 5.56.050 and 5.56.140. that owners ‘operating, marketing or advertising’ a VHR without a Permit are subject to the provisions of this Chapter,
• Add a statement that VHR permits cannot be applied for or renewed if there are active outstanding Code Enforcement cases on the rental that relate to potential health and safety concerns, and
• Clarify that VHR permit renewal application materials must be submitted a minimum of 15 business days prior to the permit expiration date to allow staff time to process the materials prior to expiration.
Finally, the Ad Hoc Committee discussed adding a provision to the Ordinance that would allow for extenuating circumstances or ‘one-off cases’ where an applicant could apply for a VHR permit where they otherwise would not be eligible. For instance, they are within a 500 foot buffer of a legally existing VHR, but they feel they have a case as to why they are entitled to apply for a permit due to some special case. This would introduce a discretionary component to the VHR application and approval process, which is outside of the norms under which the program operates today. To implement this, staff would need to create an appeal process for denial of a VHR permit, including specific circumstances and required findings for approval. Because of this, staff requests the Board discuss the merits of this proposal and provide direction to staff on whether the Board would like to include such a provision in the VHR Ordinance.
VHR Program Status
There are currently 746 active VHR permits and 27 active Hosted Home Rental (HHR) permits in the Tahoe Basin and 192 active VHR permits and 18 active HHR permits on the West Slope. The number of permits has been decreasing in the Tahoe Basin due to the anti-clustering policy that the Board adopted in late 2021 (File No.21-1262, Item No. 32). Conversely, the number of permits has been increasing on the West Slope.
The VHR Program administration team also manages a Wait List for individuals interested in a VHR Permit. Individuals on the Wait List are currently within the 500 foot buffer of a legally existing VHR, and thus are prohibited from applying for a VHR Permit until they are outside of a buffer. There are currently 233 Wait List participants in the Tahoe Basin and 17 Wait List participants on the West Slope. Finally, four individuals have contacted the County about HHRs on the West Slope that are within 500 foot buffers of existing VHRs and thus are precluded from obtaining a permit.
Prior Board Action
On August 24, 2021 (Legistar File 21-1262), the Board approved the First Reading of Ordinance 5146, amending Title 5 of the Ordinance Code, Chapter 5.56, adding Section 5.56.056 - Vacation Home Rental Clustering, and continued the matter to August 31, 2021, for Final Passage (Second Reading).
On May 2, 2023 (Legistar File 23-0436), the Board made a motion to create a VHR Advisory Committee with Supervisor Laine as a single decisions maker to include Department staff and stakeholders to explore potential VHR Program adjustments and/or amendments to the VHR Ordinance.
On August 22, 2023 (Legistar File 23-1489), the Board approved Resolution 126-2023 adding two Code Enforcement Officers and one Code Enforcement Supervisor dedicated to VHR/Ranch Marketing as a part of the Code Enforcement Strategic Plan.
On May 14, 2024 (Legistar File 24-0567), the Board received and filed a presentation from the Department and provided direction to staff regarding potential VHR Program adjustments and/or amendments to the VHR Ordinance, including the cap on VHRs in the Tahoe Basin, modifying HHR requirements, creating a dedicated VHR Enforcement Unit, developing a centrally managed complaint tracking and response system, enhancing illegal rental enforcement, strengthening compliance standards, and exploring options pertaining to the clustering issue.
On October 15, 2024 (Legistar File 24-1555), the Board approved the First Reading of Ordinance 5209, amending Title 5 of the Ordinance Code, Chapter 5.56, and continued the matter to October 22, 2024, for Final Passage (Second Reading).
On October 22, 2024 (Legistar File 24-1555), the Board adopted the Final Passage of Ordinance 5209 amending Title 5 - County Business Taxes, Licenses and Regulations of the El Dorado County Ordinance Code, Chapter 5.56 - Vacation Home Rentals, to add the recommendations of the Vacation Home Rental Advisory Committee and Board of Supervisors.
On September 30, 2025 (Legistar File 25-1552), the Board heard a VHR Presentation focused on the County’s Code Enforcement efforts. A motion was made by Supervisor Veerkamp, seconded by Supervisor Parlin to: 1) Receive and file a presentation on the Vacation Home Rental (VHR) Program, with a focus on code enforcement; and 2) Provide direction to staff to return to the Board with an agenda item establishing a VHR Ad Hoc Committee to review the Vacation Home Rental Ordinance specific to the West Slope. The proposed Ad Hoc Committee will consist of two Board members and will work collaboratively with staff to evaluate the ordinance and explore potential options for suspending VHR-related fines in the West Slope region. Consideration of Agricultural Lodging will be addressed separately and is not included within the scope of this review.
ALTERNATIVES
The Board may choose not to provide direction to staff for VHR Ordinance amendments at this time.
PRIOR BOARD ACTION
See Discussion/Background above.
OTHER DEPARTMENT / AGENCY INVOLVEMENT
Chief Administrative Office, Code Enforcement, County Counsel
CAO RECOMMENDATION
Provide direction to staff as recommended.
FINANCIAL IMPACT
There is no change to Net County Cost associated with this item.
CLERK OF THE BOARD FOLLOW UP ACTIONS
N/A
STRATEGIC PLAN COMPONENT
Good Governance: Evaluate requests and recommendations based on complete assessment of the best available information, with the goal of reaching well informed decisions.
CONTACT
Jennifer Franich, Principal Management Analyst, Chief Administrative Office
Brendan Ferry, Chief Deputy Director, Tahoe Planning and Building Division
Planning and Building Department