Vacation rentals scrutinized

By Earl Bolender
Updated: Wednesday, December 28, 2005 1:07 PM PST

In response to complaints and inquiries regarding vacation rentals in the community, the Dunsmuir Planning Commission is in the process of developing policy that will regulate the operation of these rentals.

The planning commission held a public hearing at its November meeting to discuss amending the zoning code to regulate the operation of vacation rentals within the city limits.

The issue of vacation homes was brought to the attention of the Dunsmuir City Council in August by city administrator Pat Hall. She reported that staff received inquiries and concerns regarding the allowance of vacation rentals in residential areas.

“The city has received several complaints from residents on Grover Street in regard to a residence that is being turned into a vacation rental,” Hall said.

She reported that the owner had not obtained a building license for the work, which Hall said now has three apartment units downstairs with a home upstairs. Hall said it has also resulted in parking problems since parking on Grover Street is limited to the north side of the street. She said the “vacation rental” has a single driveway that can accommodate two vehicles with no other off-street parking being available for the property.

“This has brought staff's attention to the problem of homes being purchased and used for vacation rentals in our residential areas,” Hall said. “Various problems are being created including parking. Although we have ordinances regulating hotels (overnight rentals) and zoning regulations stating what parking requirements must be met, staff is requesting clarification from the council as to regulating and cross-referencing these requirements in the municipal code book.”

At its August 19th meeting, the council directed staff to take the issue of vacation rental zoning rules and regulations to the planning commission for review and recommendation.

At the November planning commission meeting, city contract planner Keith McKinley reported that the problem with vacation rentals is they were not in existence when the Dunsmuir zoning code was written.

While commissioner Denise Fairhurst said she was concerned about parking issues associated with vacation rentals, she said she didn't feel the city should discourage them. McKinley suggested an administrative conditional use permit be incorporated with a checklist to regulate vacation rentals.

“There needs to be a process to ensure the health and safety of users of the lodging and residents who may be impacted by the location and operation of a commercial use in otherwise residential neighborhoods,” McKinley said.

While he said there needs to be a way to regulate their operation, McKinley noted that vacation rentals do provide a community benefit. This includes “expanding the number and type of lodging facilities available and assist landowners of vacation home rentals by providing revenue which may be used for maintenance upgrades and differed costs.”

“In essence, they are a vital component to a tourist economy,” he stated.

While Hall agreed, she said not all vacation rental owners register with the city, which has resulted in some problems.

“There have been complaints from neighbors about parking,” she said. “Vacation rentals must come into compliance with safety issues.”

McKinley stated that it might be within the best interest of the city to develop clear and reasonable policy regarding vacation rentals.

“Vacation rentals and their operation can be regulated by requiring owners or operators to obtain a vacation rental use permit to operate within all residential districts,” McKinley stated in a memorandum to the planning commission. “The use permit can be a discretionary permit issued by the commission or it may be a permit issued either by discretion or administratively, but based on a set of pre-determined performance criteria or conditions.”

He stated that staff has researched regulations used by various jurisdictions, including Siskiyou and Douglas counties, two beach communities and a jurisdiction in Florida. McKinley stated that all of them require permits to operate a vacation rental.

“The purposes of the regulations consistently revolved around fundamentally allowing the use, while ensuring the welfare of the community by providing rules to protect the surrounding neighborhood and to provide enforcement processes and to ensure health and safety issues are addressed, both for the consumer and the community,” he stated. “All of the stated purposes of the ordinances are consistent with each other, namely to protect the neighbors from a commercial use in a residential area.”

McKinley said specific issues involved in these ordinances revolve around parking, overcrowding, noise, disturbing the neighbors and an enforcement process.

“In Dunsmuir there is no difference, nor does Dunsmuir have any unique quality that would distinguish our concerns from those of other jurisdictions,” he stated. “Recent increase (in) citizen complaints at certain sites have fueled an interest in providing guidelines for vacation rental operations.

“In addition, a careful review of the current zoning code has revealed the possibility that while the use of property as a vacation rental has been allowed without review, the zoning code, as written, may not allow them in residential zones at all,” he stated. “The point is, by allowing them (to be) unregulated, we may have been acting in ways that are inconsistent with what the law currently allows.”

McKinley made the recommendation that the zoning code be reviewed to provide clear regulations, consistency and enforcement. He said staff did not expect to pass a new ordinance at this time, but rather to begin serious discussions about the proliferation or potential proliferation of vacation rentals and the potential impact on affordable housing for moderate and below moderate income residents. He said the idea of the discussion is “hopefully to strike a balance between the positive aspects of this lodging option and the potentially degrading aspects of the public health and welfare of the community as a whole.”

The recommendation was approved by the planning commission by a 6-0-1 vote. Commissioner Rita Hilsenbeck abstained, stating she was owner of a vacation rental, Cedar Lodge Motel.

The vacation rentals review and public hearing is scheduled to be continued at the planning commission's January 9th meeting. It had been scheduled for discussion on December 13th. However, lack of a quorum postponed the meeting to January.