PROPOSED SHORT TERM RENTAL REGULATIONS - In process
The proposed regulations for short term rentals (rentals less than 30 consecutive days) are scheduled for a Planning Commission recommendation hearing on Tuesday, September 12, 2017. Following is a draft of the proposed code amendments and a summary matrix:
The proposed draft implements City Council direction as provided in June and July 2017. The amendments will create new zoning code definitions and regulations that clarify permitted accessory uses of a dwelling unit in residential zones; clarify permitted uses in residential-commercial zones (RC), and Central Commercial (CC), North Commercial (NC), Professional Commercial (PC), and Visitor Commercial (VC) zones; and require registry for specified short term commercial activity in residential zones.
Comments on the draft code amendments should be submitted to Amanda Lee, Senior Planner at Alee@delmar.ca.us
Next steps: City Council consideration is expected in October 2017. Any action by City Council to adopt an Ordinance will be followed by Coastal Commission review and consideration before the regulations become effective.
To be notified about upcoming public hearings, interested parties may register here.
EXISTING CODE - Does not allow short term rentals in residential zones, except the RC Zone
On April 17, 2017, the City Council conducted an Interpretation hearing to determine whether short term rentals are an allowed use in residential zones. The City Council approved by Resolution an interpretation (Interpretation I-17-001) of the existing Del Mar Municipal Code Chapter 30 and determined that short term rentals are not a permitted use in residential zones, except for the Residential Commercial (RC) Zone. (Passed by a vote of 4-1 with Mayor Sinnott opposed.) Resolution for I17-001
FORBEARANCE PERIOD- Applies to short term rental operations prior to April 4, 2016
While the City processes new regulations (ZA 17-001/LCPA 17-002):
- The City Council has directed that staff not begin enforcement against any existing, non-conforming short term rental until after it adopts new regulations.
- In order to continue operations, the owner must provide evidence, to the satisfaction of the Planning Director, that the property was used as a short term rental before initial Council approval of the short term rental moratorium on April 4, 2017.
- For additional information regarding the type of evidence required to establish that the property was used as a short term rental prior to April 4, 2016, see Section 2(B) in Urgency Ordinance No. 925
Violations of Existing Code