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Ventura City gives initial approval to further restrict short-term vacation rentals

My thoughts:

This new ordinance is a direct attack on the private property rights of homeowners and their ability to use their property as they see fit. It directly impacts their right to quiet enjoyment of their property. I especially do not like that they restrict permitting to one per person and people with multiple existing permits have five years until they must choose which property to keep.

I thoroughly expect this to be challenged in court.

The way around this is to require a 30-night minimum stay, which will remove it from the "short-term" space.


Article from the VC Star

Source: https://www.vcstar.com/story/news/2024/12/04/ventura-oks-new-rules-for-short-term-vacation-rentals/76430489007/

The Ventura City Council voted last month to limit the number of short-term vacation rentals, with permit caps varying by location.

In a 6-1 vote on Nov. 19, the council approved a maximum of 100 rental permits downtown and 100 in the Pierpont area. The Ventura Harbor and Keys will have up to 35 and the area around Ventura Avenue 40. Permits in the midtown and eastside areas will total 75.

Ventura's prior rules didn't impose a limit on the number of permits issued, according to a staff report.

City staff members will return with more details on various issues for the second reading of the ordinance at the council's next meeting on Tuesday.

The short-term vacation rental ordinance and its updates aim to balance the public's access to the rentals with the city's need for long-term housing opportunities, said Monica De La Hoya, assistant city attorney, in an email Monday.

"This includes addressing concerns about investors purchasing multiple properties for STVRs, which can limit housing availability for residents," she said. "Additionally, the ordinance seeks to maintain neighborhood character, reduce the potential negative impacts of STVRs and protect the community's overall peace, health, safety and welfare."

One person can have one new permit issued under the revised ordinance, but existing permit holders have a different set of rules.

For existing permit holders, those in the Pierpont area with multiple permits will be able to renew all of their permits for five years, and then choose which one to keep, De La Hoya said. For the rest of the city, existing permit holders can renew all of their permits for five years, and then choose which two to keep, she said.

Councilmember Liz Campos voted against the ordinance because she felt everyone should be restricted to a single permit.

"There’s over 100,000 people in the city," Campos said at the meeting. "Of course, they don’t all want to do short-term vacation rentals, but the more we allow multiple units, the more likely we are to be treating people differently."

The city has issued 85 short-term vacation rental permits in downtown and 108 in Pierpont, officials said. The city has also issued 15 permits to the Ventura Harbor and Keys area and 44 to the midtown and the eastside areas.

The new ordinance would allow an unlimited number of homestays, meaning a guest can stay up to 30 days while the owner is also living at the residence.

Renters will also be able to stay a minimum of two nights instead of seven, De La Hoya said.

Nearly 20 people spoke about the issue during the meeting.

Sheri Cecil, a speaker who said she had been an Airbnb host in Ventura for 10 years, was against the changes.

"I ask you to delay on fixing the ordinance until next year to get an independent study with legitimate data that really, truly shows how short-term rentals affect our city and to please stop discriminating against small business owners like me," Cecil said.

Rachel Ulrich, a Ventura County Office of Education board member, wanted the ordinance in place.

"I am concerned about having so many businesses in a residential neighborhood where we have schools," she said. "These are our precious houses that we have families that can't afford to live there anymore, and I've seen them go, so I just want to say I think this ordinance is long overdue."

The issue has been a topic of community concern for years. In 2016 and 2017, an increase in complaints from neighbors living near short-term rental sites prompted the city to hold two public meetings on benefits and impacts.

Since 2020, the city has issued 295 citations for unpermitted short-term vacation rentals, the staff report says. The penalty is currently $185. No citations have been issued to those operating rentals with permits.

Ventura planning commissioners considered the matter in October and voted to recommend the council approve the new rules.

New permits will not be issued until the California Coastal Commission certifies an amendment to the city's local coastal program, De La Hoya said. The process could take at least six months up to a year, she said.

Staff will need to return to the Planning Commission and the City Council with the amendment for confirmation. It will then be submitted to the Coastal Commission for approval.

"No additional permits will be issued once the ordinance becomes effective in January 2025 until the local coastal program amendment is certified," De La Hoya said.

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