City of Monterey Bans STRs

From: Clyde Roberson <roberson@monterey.org>
Date: January 31, 2018 at 9:01:54 AM PSTSubject: Re: Short term rental help
I will ask our city staff to write a letter outlining our efforts in Monterey.  Our City Charter does not allow STR’s.  That occurred in 1984 when I put the hotel/moratorium on the ballot which passed by a large margin.  It froze hotel motel zones.  It would take a vote of the residents to permit STR’S, and in my experience, the citizens overwhelmingly oppose them in their neighborhoods.  The City has hired an enforcement company to ensure compliance with our Charter and codes.
Mayor Clyde Roberson
Monterey

City of Monterey Zoning Code that defines “short term residential”

 

CHAPTER 38 Page 31 of 211

 

Short-term Residential Rental: Rental of any residential building, portion of such building, or group of such buildings in which there are guest rooms or suites, including housekeeping units, for transient guests, where lodging with or without meals is provided for a period of less than a calendar month or less than 30 consecutive days. For the purposes of this definition, house “swapping” or trading without rent or other exchange of money shall be excluded. Rental of a residential unit by an owner-occupant who is temporarily away from the residence is also exempt from this ordinance,:as long as’such rental does not occur more than once in any 12- month period.

 

 

Residential – Supplemental section of the Zoning Code that specifically prohibits short term residential, with a minimal number of exceptions.

O.   Short-term Residential Rentals: Short-term residential rentals shall be regulated in all residential districts, including residential developments in “PC” (Planned Community) Districts, as follows:

  1. Future Rentals Prohibited: Short-term residential rentals are prohibited in all residential districts if established after August 6, 1991, or if not qualified for limited grandfathering pursuant to subparagraph 2 below.
  2. Prior Rentals Limited Grandfathering: Short-term residential rentals existing prior to August 6, 1991, may continue in operation, subject to the following regulations:

a.     All owners of short-term residential rental facilities must register with the City of Monterey’s Finance Department with verifying documentation of previous existence within 60 days of the effective date of this section. Failure to register in a timely fashion shall render such use unqualified, as set forth in subparagraph 1 above.

 

b.     All owners shall pay transient occupancy taxes from and after the effective date of this section and in accordance with Monterey City Code Q 35-10 et seq. until termination of use as a short-term residential rental.

c.     All owners shall agree to terminate use of the premises as a short-term residential rental on or before the expiration of five (5) years from the effective date of this section or upon transfer of the title to the premises to a new owner, whichever shall occur first.

d.     Any short-term residential rental operated in violation of this chapter or that is determined to constitute a nuisance shall forfeit its right to continue operation as a short-term residential rental. The procedures set forth in Monterey City Code Q 38-221 shall apply in the event the City believes a breach of this chapter has occurred or a nuisance situation is believed to exist.

 

Sec. 22-19.5. Advertisement of short-term rentals. Revised 4/17
(a) No responsible party shall post, publish, circulate, broadcast or maintain any advertisement of a short- term residential rental prohibited by the Monterey City Code.

(b) For purposes of this section the following words and phrases shall have the meaning respectively ascribed to them by this section.

1. “Advertisement” means any announcement, whether in a magazine, newspaper, handbill, notice, display, billboard, poster, email, Internet website, platform or application, any form of television or radio broadcast or any other form of communication whose primary purpose is to propose a commercial transaction.

2. “Responsible party” means any property owner or tenant, or any agent or representative thereof, who causes or permits any violation of this Code. To cause or permit includes failure to correct after receiving notice from the City of the violation. A responsible party does not include online hosting platforms/companies.

3. “Short-term residential rental” shall have the meaning set forth in Chapter 38 of the Monterey City Code.

(c) Each day that an advertisement is posted, published, circulated, broadcast or maintained by a responsible party in violation of this section is a separate offense. (Ord. 3564 § 3, 2017)