Title
Receive a preliminary analysis report in response to a revision of Board Referral 2016.02 requesting that the Housing and Community Development Department (HCD) address the enforcement of unauthorized short term rentals and potential funding sources to cover costs.
Report
RECOMMENDATION:
It is recommended that the Board of Supervisors:
1. Receive a preliminary analysis report in response to a revision of Board Referral 2016.02 and direct staff to maintain current enforcement practices; or,
2. Direct the department(s) to proceed with the implementation of enforcement as outlined in Option 1 of this report.
3. Provide further direction, as appropriate.
PRELIMINARY ANALYSIS:
On August 24, 2021, Supervisor Adams submitted a revision to Board Referral 2016.02 requesting HCD address enforcement of unauthorized short term rentals (STRs), and potential funding sources to cover cost. The revision to Board Referral 2016.02 came subsequent to the Board's review of the draft Short Term Rental Ordinance (the Ordinance) on May 25, 2021. Understanding that the environmental evaluation, pursuant to the California Environmental Quality Act (CEQA) may take some time to prepare, the revision to the referral contemplates initiating the implementing of the enforcement program in advance of the CEQA preparation and consideration of the draft Ordinance.
Current practice of HCD Code Compliance is reactive enforcement based on complaints received, which are then prioritized based on health and safety conditions. The code compliance categories depending on the risk to human life, health, and safety are:
* Priority One cases pose an immediate risk to human life, health and safety or immediate environmental impacts. Priority One examples include men, women, and children living in sheds or dug out basements, and active dumping of waste, trash and debris into environmentally sensitive habits such as the Carmel River, the Elkhorn Slough and other waterways.
* Priority Two cases ...
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