In December 2023, the council enacted new regulations for short-term rentals in the inland (non-“coastal zone”) part of the city, an update to the 2019 regulations. On April 24, the council will consider regulations for the coastal zone. Both the 2023 changes and the proposed 2024 changes increase restrictions on the use of non-hosted STRs. After the changes, hosted STRs will remain legal throughout the city — as will non-hosted STRs within outside North Coast Village and St. Malo.
April 18: note that the final options before the council on April 25 are slightly different than those discussed on March 25.
On March 25, the Planning Commission considered two staff-developed alternatives for STR regulations for the coastal zone (West of Freeman in South O). Most of the community members testifying in favor of stronger (coastal) STR regulations were from South O – both in favor of limiting (or blocking) future STRs, and also for more meaningful enforcement of the city’s existing regulations.
After competing testimony from the South O community and STR owners, the PC proposed a third option. All options ban ban new STRs east of Coast Highway (particularly in Eastside/Capistrano), and other conditions given below; many of the new conditions promise to cut down on violations of the city’s STR regulations, but it is unclear whether the new regulations (or their enforcement) will actually be effective.
The differences between these options are mainly on the restrictions for STRs in the Coastal Zone West of Coast Highway, as given by new language in 24.6(d) of the STR ordinance:
- Option 1 has a cap of 505 coastal non-hosted units (an increase of 50 over today)
- Option 2 bans new non-hosted STRs outside the RT zone and the Strand
- Option 3 bans new non-hosted STRs in the R-1 zone.
Below is the actual (or draft) language, as well as a zoning map for South O.
Because of the impact of short-term rentals on the community, parking, noise, and housing, Save South O encourages all South O residents to attend the STR hearing at 6pm April 24 at Oceanside City Hall. Testimony can refer to the proposed changes to regulations, or the impact of STRs under the existing regulations. Please contact us for more details.
Option 1
24.6 (d) Non-hosted short-term rentals located in any residential zoning district within the Coastal Zone are prohibited, with the exception of the following and subject to the provisions outlined below:
- Non-hosted short-term rentals are allowed in any zoning district west of Coast Highway subject to a maximum of 505 non-hosted short-term rental permits west of Coast Highway. Any short-term rental permit issued in excess of the identified maximum number of permits identified in this Section shall not be renewed following certification of Local Coastal Plan Amendment (LCPA24-00001) by the California Coastal Commission.
- Short-term rental permits for properties in the R-1 zone shall be limited to five (5) bedrooms. Any new or renewed short-term rental permit for a property in the R-1 zone shall prohibit the owner from advertising the availability of more than five (5) bedrooms and shall prohibit the rental of more than five (5) bedrooms.
- New non-hosted short-term rental permits for properties located in the Coastal Zone east of Coast Highway issued for the first time after introduction of the ordinance adopting this section shall not be renewed following certification of Local Coastal Plan Amendment (LCPA24-00001) by the California Coastal Commission. A short-term rental permit for a property in the Coastal Zone east of Coast Highway prior to the introduction of the ordinance adopting this section is subject to renewal in accordance with Section 24.3.
Option 2
24.6 (d) Non-hosted short-term rentals located in any residential zoning district within the Coastal Zone, with the exception of the Residential Tourist (RT) zone and Downtown Subdistrict D-4(A), are prohibited.
A short-term rental permit issued prior to the introduction of the ordinance adopting this section may be renewed subject to the procedures set forth in Section 24.3. Upon transfer of ownership, a property in the Coastal Zone, for which a short-term rental permit had been previously issued prior to the introduction of the ordinance adopting this section and not previously revoked , is eligible to apply for a new short-term rental permit subject to the permitting procedures outlined in Section 24.3.
New short-term rental permits for properties located in the Coastal Zone outside of the Residential Tourist (RT) zone and/or Subdistrict D-4(A) of the Downtown zone issued for the first time after introduction of the ordinance adopting this section shall not be renewed following certification of Local Coastal Plan Amendment (LCPA24-00001) by the California Coastal Commission.
Option 3
This are the conditions described verbally at the PC hearing (final language is not yet published)
- No more non-hosted STRs in R-1 west of Coast Highway, but no restrictions on existing STRs in R-1
- No cap or other new limits on new non-hosted STRs in any other zone west of Coast
Zoning Map
Shared Conditions
The following new language is shared by Option 1 and Option 2, and expected to be shared by Option 3.
24.2 (g) Non-hosted short-term rental is a dwelling unit where the owner of the property does not occupy the dwelling unit as his or her principal residence, or does not remain on-site during rentals, and offers the dwelling unit for short-term rental.
24.7 Operational Requirements
New language shown in bold.
- (k) The maximum number of occupants allowed to occupy the short-term rental unit shall be limited to two (2) people per bedroom plus two (2) people per unit. The operator of a short-term rental shall not advertise occupancy that is greater than the number of occupants depicted on the notice required by Section 24.7(c).
- (l) The maximum number of daytime guests allowed in a short-term rental property shall be ten (10) guests, regardless of bedroom count. Daytime guests are allowed between 7:00 a.m. and 10:00 p.m.
- (m) All short-term rental offerings and agreements shall have a minimum two (2) night consecutive stay.
- (n) No amplified or reproduced sound, nor any other disturbing, excessive, or offensive noise shall be audible from the property line of any short-term rental unit between the hours of 10:00 p.m. and 10:00 a.m. At all other times, noise shall comply with the limitations set forth in section 38.17 of the Oceanside City Code. . …
- (p) The short-term rental permit identification number, as issued by the City, shall be displayed on the hosting platform where the short-term rental is advertised.
24.8 Violations and Penalties
(b) In addition to any penalties imposed pursuant to chapter 1.7 of this Code, any person who violates the provisions of this chapter may be issued an administrative citation by an enforcement officer pursuant to chapter 1, section 1.14 through 1.14.8 of this Code. Notwithstanding anything in chapter 1, section 1.14.1 to the contrary, the enforcement officer is not required to issue a notice of violation prior to issuing an administrative citation for a violation of this chapter.
- Pursuant to Government Code section 36900(d), the civil penalties for violations of this chapter that pose a threat to public health or safety shall be one thousand five hundred dollars ($1,500) for a first violation, three thousand dollars ($3,000) for a second violation within one year of the prior violation, and five thousand dollars ($5,000) for each additional violation within one year of the first violation. A permittee seeking a hardship waiver as set forth in Government Code section 36900(e) shall utilize the appeal procedures set forth in Oceanside City Code section 1.14.4.
- The civil penalty for operating a short-term rental without a valid permit, including but not limited to, operating with a revoked permit, shall be one thousand five hundred dollars ($1,500) for a first violation and two thousand five hundred dollars ($2,500) for a second and subsequent violation. In addition, a property owner who has received a second or additional violation for operating without a valid permit shall be ineligible for a short-term rental permit for a period of eighteen months from the issuance of the second or additional notice of violation.
During the hearing, staff said that safety violations would include an unpermitted addition, while less sever violations (e.g. noise) would start with a $100 fine.
Save South O 