Short-Term Residential Rentals

Overview

On December 5, 2016, the City Council adopted a new, Urgency Ordinance Imposing a Temporary Moratorium on the use of Residential Property within the City of Del Mar for Short-Term Rental Housing and Excluding Current Such Uses, no. 925. The Urgency Ordinance was subsequently extended by the City Council on December 19, 2016 for a maximum of one year and 45 days from the expiration date of January 19, 2017.

In response to resident concerns that a growing number of short-term rentals being operated in the City may be having a negative impact on community welfare, the City Council established the moratorium (Ordinance 913) on April 4, 2016 and subsequently extended it on May 16, 2016 and October 17, 2016. The concerns raised include: increased noise and trash, loss of on-street parking, loss of housing opportunities, and changes in neighborhood character when a structure is used by visitors in "vacation mode."

The Urgency Ordinances were approved to allow time for staff research, public workshops, and the development of potential Municipal Code amendments to address the topic of short-term rentals on a long-term basis.

The Urgency Ordinance exempts short-term rentals that were in existence prior to the Monday, April 4, 2016 ordinance adoption date. Owners and property managers of short-term rentals should not submit any information to the City at this time; rather, they should have evidence of short-term rental readily operation available, should there be a concern as to whether a property is being used as a short-term rental in violation of the moratorium. The types of information that may be used to document an “existing” short-term rental are included in Urgency Ordinance No. 925, under Section 2 – Applicability (Subsection B). 

Key Points of the Ordinance



  • The ordinance imposes a temporary ban on any new use of residential property for a short-term rental (any property that is rented out for a period of less than 30 days) - after April 14, 2016.
  • The ordinance does not limit or stop current short-term rental uses, provided that the operators of such businesses can provide evidence satisfactory to the Planning Director that the property was used as a short-term rental before adoption of the ordinance.
  • The urgency ordinance will provide time for the City staff for performing research, gain public input and, based on the information gathered, draft new zoning regulations concerning short-term rentals. 

Upcoming Important Dates

On January 17, 2017, the City Council will consider a request for a referral to the Planning Commission for an interpretation pursuant to Del Mar Municipal Code section 30.01.020 to determine whether short term rentals are an allowed use under the Municipal Code within the City’s residential zones.

Tonight's action involves a discussion only on referring the interpretation of code provisions relating to Short Term Rentals to the Planning Commission in accordance with the code regulations.  The Planning Commission interpretation may be appealed to City Council. This item will  not involve a decision and/or discussion on how to proceed until a later date.

Community Workshops

Workshops or other public meetings may be utilized to facilitate discussion about short-term residential rentals. To be notified about upcoming meetings, interested parties may register here.

Violations of Temporary Moratorium

To report a complaint about a short-term rental that is potentially in violation of the ordinance, please complete the Code Enforcement Complaint Form. Once a violation complaint is received, staff will perform an investigation and report back to the complainant on the status of the investigation.

Hotline 858 755 9342     submit complaint     
email str@delmar.ca.us