HomeMy WebLinkAbout11-12-2013 ac johnson ss1RECEIVED
wii&o council mEmonAnbum
November 7, 2013
TO: City Council
FROM: Katie Lichtig, City Manager
Prepared by: Derek Johnson, Community Development Director
SUBJECT: Vacation Rental Complaints
NOV 0 S 2013
Si_O
AGENDA
CORRESPONDENCE
Date '' 1, Item# SS
Please see the attached complaints that have been redacted to maintain the reporting party's identity.
Lease, Joseeh
From: Clark, Claire
Sent: Wednesday, February 13, 2013 3:51 PM
To:
Cc: Cano, Molly, Lease, Joseph
Subject: Vacation Rentals
We have some good news on vacation rental enforcement. Following a robust discussion at the City, the Building
Division did a bit of digging and discovered that they could fairly easily identify vacation rentals (following your lead) and
would dedicate time to enforcement and education.
The effort has begun and will include outreach so that knowledge of the law is established and subsequent enforcement
is understood.
If you have further questions or wish to follow up, Joseph Lease, the Chief Building Official is happy to help you with this
matter. I have copied Joseph into this email so he is aware of your interest.
I hope you are thriving and that we will see you from time to time a
Best regards,
Claire
Claire Clark
Economic Development Manager
CITY OF SAN LUIS OBISPO
tel 1 805.781,7164
email ! cclark@slocity.org
W`
Lease. Joseph
r�rr�wr rrr
From: Johnson, Derek
Sent: Tuesday, April 30, 2013 5:33 PM
To: Cocina, Cassia; Ross, Ben
Cc: Muracchioli, Juliette; Galvan, Wyndee; Lease, Joseph
Subject; FW: Code violations...
Can somebody please respond to this message and copy me.
----Original Message- --
From:
Sent: Monday, April 29, 2013 4:30 PM
To: Johnson, Derek
Subject: Code violations...
Derek,
Just inquiring on the progress on code violations for vacation rentals on airbnb and vrbo who do not need a business
license or have to collect TOT.
Thank you,
Sent from my Wad
Lease, Joseph
Subject: FW; illegal vacation rentals in the city and city administration's failure to enforce statute
From: shanbrom@aol.com [mallto:shanbrom@aol.com]
Sent: Wednesday, August 14, 2013 2:21 PM
To: Lichtig, Katie
Cc: Christianson, Carlyn
Subject: Re: illegal vacation rentals in the city and city administration's failure to enforce statute
Dr. Ms Lichtig,
Thank you for taking the time to check up on the efforts of staff to enforce the VR prohibition in the City. I am glad to
know that an effort is being made, although I am still dismayed to see such a large number of properties holding
themselves out as VRs,
So that both you and Councilmember Christianson can be aware of my deeper concern I am including Mr. Johnson's
original response to my original complaint to Mayor Marx. To me, it shows poor morale to claim "due to resource
limitations," even if true, and to give a fairly long list of reasons, some valid, some not so valid, as to why VRs aren't being
enforced. It disturbs me to hear Mr. Johnson bring up the TOT, striking me as though he is of the opinion that VRs are a
good thing if we can collect the TOT. Ultimately, it is tax -neediness that drives municipalities to allow VRs, which are,
simply put, a rezoning from SFR to Commerical use.
I think we might all agree that our society suffers from a dysfunctional attitude toward the value of
government.
If VRs usually cease upon contact with enforcement then the number could be reasonably expected to go down over
this four month period rather than to have doubled, I'm not sure seasonality is at issue as VRs typically book many
months in advance. Apartments that become VRs just for the summer would likely advertise by April 8, the date that I
noted 8 VRs on VRBO.
My original concerns about the level of Mr. Johnson's apparent motivation and will to do this job aside, it does seem
that he is now making legitimate efforts, including contacting the websites, I think Mr. Johnson makes a valid point when
he says that many VR operators are unaware of the prohibition.
Perhaps volunteers could be utilized for an informational campaign, as it likely many property owners and prospective
property owners need to be made aware of the prohibition.
Perhaps the city should raise the penalty after some informational period in order to help fund VR enforcement.
It sounds like some good measures are being pursued by Mr. Johnson. I will contact him as necessary.
Thank you for your continued efforts.
Bob Shanbrom
-----Original Message ----
From: Johnson, Derek <diohnsonCa.slocity.org>
To: Marx, Jan <1marxCa7sloc1ty.org>; shanbrom <shanbrom a@aol.com>
Cc: Padilla, Wayne <wwgadilla@slocity.org>
Sent: Mon, Apr 8, 2013 9:07 am
Subject: RE: vacation rentals in the city
Dear Mr. Shanbrom,
Vacation rentals are not allowed within the City limits. We have taken enforcement action against a few
owners when a complaint has surfaced on a particular residence. However, due to resource limitations, we do
not monitor sites like Craigslist or VRBO to identify, investigate, and resolve vacation rentals review.
There are a few currently listed that we will send letters to once we identify the addresses (neither website
identifies the physical address), so identifying and then contacting takes some time. Please let us know if
there is a particular address you know of that we should take action immediate action on. My experience
working in desirable areas where vacation rentals are a problem are 1), Most owners do not know that vacation
rentals are not allowed. 2). Once contacted, the unpermitted use typically ceases 3). Despite not being an
allowed use, many do not realize that it is still subject to the city's Transient Occupancy Tax.
We often work with Finance once a site is positively identified to let the owners know that the tax is due in
arrears, Nonpayment is subject to a misdemeanor and punishable by a fine.
Thanks for bringing this issue to our attention. Please be in touch with any particular addresses or if you
should have any questions. I have forwarded the current inventory of rentals to our staff for review listed in the
link below.
Best,
Derek
From: Marx, Jan
Sent: Saturday, April 06, 2013 1:43 PM
To: shanbrom@aol.com
Cc: Johnson, Derek
Subject: RE: vacation rentals in the city
Hi Bob,
I looked up vacation rentals in our Muni code, and yes, vacation rentals are prohibited in our city. I am including the
Community development director in this response, so you and he can further discuss the issue you have raised. Thank
you for bringing this to our attention.
All the best to you and your family,
Jan
17.22.010 Uses allowed by zones.
A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to subsections (6) through (1) of this section.
In Table 9, symbols have these meanings:
A The use is allowed;
D If the director approves an administrative
use permit as provided in
Sections 17.58,020 through17.58.070, the
use may be established;
PC If the planning commission approves a use
permit as provided in
Sections17.58.020 through 17.58.070, the
use may be established;
A/D The use is allowed above the ground floor.
If the director approves an administrative
use permit, it may be established on the
ground floor.
Special notes affecting the status of uses, indicated by number in Table 9, may be found at the end of the table.
B. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone. The
director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be
deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be
used as a substitute for the amendment procedure as a means of adding new types of uses to a zone.
C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed with principal uses.
D. Production and Sales. Where manufacturing is allowed, incidental sale of items made on the premises is allowed,
When sale of a particular type of item is allowed, craftsman -type productions of such an item for sale on the premises is
allowed.
E. Public School Uses. See Section 17.36.030 concerning uses which may be established within public schools.
F. Prohibitions of Drive -Through Facilities, Drive -through facilities are not allowed in any zone.
G. Prohibition of V�catiori t?entals. Vacation rentals are not allowed in any zone.
Jan Howell Marx
Mayor of San Luis Obispo
(805) 781-7120 or (805) 641-2716
From: fianmarxAalumni.stanford,edul on behalf of Jan Marx
Hanmarx@stanfordalumni.org]
Sent: Saturday, April 06, 2013 1:39 PM
To: Marx, Jan
Subject: Fwd: vacation rentals in the city
---------- Forwarded message -------
From: <shanbromCaaaol.com>
Date: Sat, Apr 6, 2013 at 5:50 AM
Subject: vacation rentals in the city
To: janmarxgZstanfordalumni.org
Hi Jan,
If you go to this website, htto://www.vrbo.com/vacation-rentals/usalcalifomia/cgntral; coast/san-luis-obispo?from;
date=2013-06-07&to-date=2013-OS-08&sort+br-Bed rooms%2fAscending, you will find several homes within the city limits
that are holding themselves out as vacation rentals. My understanding is that this is against city ordinance. Could you
please let me know if these are permissible? Thank you,
Bob Shanbrom
-----Original Message ----
From: Lichtig, Katie <kiichtig(Qslocity.org>
To: 'shanbrom@aol.com' <shanbrom _aol.com>
Cc: Padilla, Wayne <wwpadilla(LDslocitXorg>; Carpenter, Dan <dcarpent .slocity.org>; Ashbaugh, John
<iashbaug(a)slocity.org>; Marx, Jan <imarx _slocity,org>; Smith, Kathy <ksmith _slocity.org>; Johnson, Derek
<djohnson@slocity.org>; Dietrick, Christine <cdietrick ,slocity.orq>; Christianson, Carlyn <cchristi anslocity.org>
Sent: Wed, Aug 14, 2013 12:10 pm
Subject: RE: illegal vacation rentals in the city and city administration's failure to enforce statute
Dear Mr, Shanbrom:
Based on your inquiry I checked in with the staff in our Community Development Department responsible for code
enforcement, Since and prior to your contact in early April, staff has been actively taking enforcement efforts to obtain
compliance related to the City's Vacation Rental Ordinance. We are currently spending approximately four hours per
week on a proactive enforcement effort. Two other enforcement actions have been taken since you last made contact
that resulted in compliance and 14 active enforcement cases are in process.
Staff currently reviews existing vacation rental (VR) advertisements on HomeAway.com, VRBO.com and
Vacationrentals.com, In addition to the 14 cases that code enforcement is actively working on, we were able to identify an
additional 16 vacation rentals that have recently appeared on these websites. We agree that the number of listings has
grown, but while one enforcement effort may lead to compliance, another owner decides to list their home thereby
increasing the number of listed vacation rentals, This is certainly vexing to us as well and we plan on doing some direct
outreach to the website operators with the hope of discouraging rental listings in the City. Some new listings appear to be
seasonal and others appear randomly on vacation rental sites. Please know that these 16 properties will be investigated
with enforcement action will be taken and as others arise. It will take some time and effort and others may be listed on
websites in the interim that will be enforced as time permits.
Vacation rental enforcement is complicated and takes a significant amount of time and while it may not seem at first that
progress is being made, over time when faced with increasing fines and other enforcement tools, owners typically
comply. The first challenge is related to positively identifying the location of the Vacation rentals. Of the 16 additional
vacation rentals that are currently listed and not actively in the enforcement process, staff was able to identify two
addresses from the information provided in the website listing after spending a considerable amount of effort reviewing the
listing details. About half of the listings did not provide an exterior photo of the premises that can identify the property,
only a vicinity map with the general location of the listed rentals. Only five of 16 listings provided telephone numbers and
only four of 16 provided the owner's names. So in many of these cases a code enforcement officer typically will need to
pose as a potential customer and either call or email the owner to try to get information on the actual location and thus
initiate enforcement proceedings.
It is also important to note that the City's enforcement efforts have as anticipated created some pushback and the City
recently received its first appeal of enforcement action that will be heard by the Planning Commission in the near future. It
is clear that this use is not allowed, but that has not dissuaded the owner from appealing their case.
We have explored the idea of using volunteers for code enforcement efforts and determined that the best approach is to
use our trained and certified code enforcement officers. Code enforcement is a field of enforcement in which best
practices require training and an understanding of the rules of arrest and the constitutional aspects of the enforcement of
laws and regulations that relate to the use of property. However staff appreciates referrals of potential violations coming
from the community.
I would encourage you to contact Derek Johnson at djohnsonCa.slocity.org directly should you need any immediate
assistance or have any further thoughts on the City's enforcement efforts, He and his team are happy to meet with you
directly to discuss any ideas that you may have regarding enforcement.
Thank you for being in touch about this important issue,
Katie E. Lichtig
City Manager
City of San Luis Obispo, CA
990 Palm Street
San Luis Obispo, CA 93401-3249
805-781-7114
www.slocity.ora
From: shanbrom6Daol.com fmailto:shanbromCcDaol.coml
Sent: Thursday, August 08, 2013 2:01 PM
To: Lichtig, Katie
Cc: Padilla, Wayne; Carpenter, Dan; Ashbaugh, John; Marx, Jan; Smith, Kathy; shanbrom(o)-aol.com; Johnson, Derek;
Dietrick, Christine; Christianson, Carlyn
Subject: Re: illegal vacation rentals in the city and city administration's failure to enforce statute
Dear Ms. Lichtig,
It has been four months since I first alerted Mr. Johnson of the fact that approximately 8 residences with city limits were
holding themselves out for rent on VRBO, contrary to an ordinance specifically forbidding this use. Since that time I have
had numerous exchanges with some or all of the above copied parties concerning this matter, including yourself.
Yet as of today, exactly four months since I first contacted Mr. Johnson, on April 9, 2013, there now appear not to be
fewer VRBO listings within the city but DOUBLE THE NUMBER AS BEFORE.
4
I would like to know why such a simple enforcement matter seems to be beyond the control of the city government. I
would also like to know what additional measures you will be taking to effectuate compliance.
It seems to me that it is an exceedingly simple matter to enforce this statute, as I have said before. It would require
virtually no special effort on the part of the responsible administrators. Most of the work could be done by the many city
volunteers.
I have heard a majority of councilmembers comment on the need for workforce housing in the city, Vacation rentals
remove residential inventory.
Also, hotels lose business to these pirate motels.
I have copied the city attorney on this correspondence because it seems that the city is putting itself in harm's way
when it does not enforce existing statues.
Robert Shanbrom
364 Montrose Drive
-----Original Message -----
From: shanbrom <shanbrom@aol.com>
To: djohnson <djohnson(&slocitv.ora>
Cc: wpadilla <wpadillanslocity.org>; dcarpent <dcarpent2slocity.org>; jashbaug <jashbauq@slocity.org>; imarx
<jmarx .slocity.orq>; ksmith <ksmithQslocity.org>; klichtig <klichtiq_a@slocitv.ora>
Sent: Sat, Jun 1, 2013 8:27 am
Subject: Re: vacation rentals in the city
Dear Mr. Johnson,
Thank you for your May 16 update and thank you for your efforts in enforcing the city's ordinance against vacation
rentals. While it seems that there are now slightly fewer SLO VRs being advertised on the various VR websites, a
substantial number are still holding themselves out as VRs. It seems to me that identifying these VRs is not a very difficult
or laborious undertaking. I believe the city has unpaid community volunteers who would be happy to do the simple
telephone work that this would entail. I trust that you will continue, even redouble, your efforts until there is full compliance
with the ordinance.
Thank you.
Bob Shanbrom
---Original Message -----
From: Johnson, Derek <djohnson _slocity.org>
To: shanbrom <shanbrom(c.Daol.com>
Cc: Padilla, Wayne <wpadilla0slocity.org>
Sent: Thu, May 16, 2013 1:02 pm
Subject: RE: vacation rentals in the city
Dear Mr. Shanbrom:
Thank you for your follow up correspondence. Since corresponding with us last month, we have initiated code
enforcement action on many of the properties that you have identified. As you are aware, in January 2007, Ordinance +
1500 amended the City's Zoning Regulations and prohibited vacation rentals in all land use zones.
As a result of complaints regarding illegal vacation rentals Community Development staff started a routine enforcement
effort. Staff actively monitors internet sites such as VRBO, Homeaway, and Airbnb for illegal vacation rentals within the
City limits. Staff attempts to identify the address of advertised rentals from the internet listing. If we contact the owner `
and there is immediate cooperation and compliance, no further action is taken except that a note is made to the address
file of the contact and the representations made by the property owner to correct the violatins. These type of cases are
handled as time permits with health and safety cases being a greater priority which are often more complex and require a
great deal of staff effort.
I
If we cannot contact the owner or the owner is unwilling to comply, a Notice to Correct letter is sent to the property owner
explaining that the City's Zoning Regulations that do not permit vacation rentals and informing them of the potential
consequences and fines. The letter also states that the property must be removed as a vacation rental from all websites j
within 10 days or be subject to code enforcement fees, administrative citations, and the transient occupancy tax. As is
the City's practice and a requirement under California Government Code §53069.4 (2)[11 which requires local agencies to
5
r
r
provide a reasonable amount of time for a person to correct, or otherwise remedy the violation, prior to the imposition of
administrative fines or penalties.
In some cases a complaint may be received which includes the property address, but most of the advertised properties do
not give the physical address of the vacation rental. When the address cannot be discerned, staff will email the owner
directly from the website advising them of the zoning regulations and requesting that they cease advertising and operating
a vacation rental. However without a physical address, if they continue to advertise, we will have to identify the property
address. This is oftentimes challenging as there are only interior photos or other little information that would lead to
knowing the exact location (see httn://www.vrbo.com/330271#reviews) . Staff will use whatever information we have to
locate an advertised house by the description in the ad and field survey to match photos to the actual property, which can
be very time consuming. However, at the end of the investigation, we need to determine if the preponderance of evidence
is adequate to impose civil penalties.
Currently there are eight positively identified properties advertising as vacation rentals. Two properties have been issued
a Notice to Correct letter. After staff attempts to contact them and if no compliance is reached, the remaining six will be
sent Notices to Correct later this week. Nine other properties are currently being evaluated for consistency with the City's
prohibition against vacation rentals.
Public outreach measures are probably warranted in order to inform property owners of the zoning regulations. It seems
likely that many residents may not know of the regulations, Napa County has used flyers and mail Inserts that they used to
inform residents of their municipal code requirements. Given, that this enforcement effort is relatively nascent, other
enforcement mechanism may be considered in the future.
Please be in touch if you have any other comments or questions.
Sincerely yours,
Derek
BCC: Mayor and City Council
The administrative procedures set forth by ordinance adopted by the local agency pursuant
to paragraph (1) shall provide for a reasonable period of time, as specified in the
ordinance, for a person responsible for a continuing violation to correct or otherwise
remedy the violation prior to the imposition of administrative fines or penalties, when
the violation pertains to building, plumbing, electrical, or other similar structural or
zoning issues, that do not create an immediate danger to health or safety.
From: shanbromaaol.com Imailto:shanbrom@aol.com]
Sent: Wednesday, May 15, 2013 5:26 AM
To: Marx, Jan
Cc: Padilla, Wayne; Johnson, Derek; Lichtig, Katie; Ashbaugh, John; Smith, Kathy; Carpenter, Dan
Subject: Re: vacation rentals in the city
Dear Jan,
It has been more than one month since I first brought illegal vacation rentals to your attention and I still count about 8
properties within the city advertising on Vacation Rentals By Owner. This seems such a simple matter to deal with. If the
city does not intend to enforce its ordinances then the ordinances should be taken off the books. Random enforcement of
the rules has a debilitating impact of society. How well I did see that during my years in Miami.
It is highly troubling that Mr, Johnson sees these illegal vacation rentals not so much as a matter requiring enforcement
but as a windfall tax source, Very troubling, This is the sort of motivation that might explain why he seems to have the
wherewithal to send them tax notices but not send them cease and desist notices, I must admonish the city council to
avoid the temptation to destroy our community's civic capital in order to pay our employees.
When can we expect the advertisements to cease? If it is not the city's intention to promptly begin to enforce the
prohibition against vacation rentals then please let me know that that is the case.
Thank you for your prompt attention to this simple matter.
Bob Shanbrom
-----Original Message -----
From: Marx, Jan <1marx0slocity.orp>
To: shanbrom <shanbromr_aol.com>
Cc: Padilla, Wayne <wl2adill a cDslocity.org>; Johnson, Derek <diohnson@slocity.org>; Lichtig, Katie <klichtigQslocity,org>
Sent: Tue, Apr 9, 2013 8:11 am
Subject: RE: vacation rentals in the city
Thanks for putting this on my radar screen, Bob. Tonight is strategic budget direction, so everyone is thinking "scarce
resources." That said, the city is gradually moving to proactive code enforcement and business license monitoring. So,
the question is "when" rather than "T' vacation rentals will be placed on the list and how should it best be done. I am
including city staff in this response with the request that we both be kept in the loop.
All the best,
Jan
Jan Howell Marx
Mayor of San Luis Obispo
(805) 781-7120 or (805) 541-2716
From: shanbromO-aol.com [shanbrom@aol.com]
Sent: Tuesday, April 09, 2013 6:23 AM
To: Marx, Jan
Cc: Padilla, Wayne
Subject: Re: vacation rentals in the city
Hi Jan,
It is disappointing to find that Mr. Johnson's automatic response to my concern is to cry "limited resources." Is morale
in city government is generally this poor?
Monitoring VRBO and Craigslist is a very simple proposition. Email addresses are immediately available and cease
and desist emails can very easily be sent out to perhaps a dozen or more illegal VRs with about one hour's work. A city
worker with no training could do this on a weekly basis. The cost would be very low.
If an ordinance is on the books it must either be enforced or repealed. The alternative is a banana republic.
Bob
----Original Message ----
From: Johnson, Derek <djohnsongslocity,orq>
To: Marx, Jan <jmarx _slocity.orq>; shanbrom <shanbromgaol,com>
Cc: Padilla, Wayne <wpadilla(LDslocity.org>
Sent: Mon, Apr 8, 2013 9:07 am
Subject: RE: vacation rentals in the city
Dear Mr. Shanbrom,
Vacation rentals are not allowed within the City limits. We have taken enforcement action against a few owners when a
complaint has surfaced on a particular residence. However, due to resource limitations, we do not monitor sites like
Craigslist or VRBO to identify, investigate, and resolve vacation rentals review.
There are a few currently listed that we will send letters to once we identify the addresses (neither website identifies the
physical address), so identifying and then contacting takes some time. Please let us know if there is a particular address
you know of that we should take action immediate action on. My experience working in desirable areas where vacation
rentals are a problem are 1), Most owners do not know that vacation rentals are not allowed. 2). Once contacted, the
unpermitted use typically ceases 3). Despite not being an allowed use, many do not realize that it is still subject to the
city's Transient Occupancy Tax.
We often work with Finance once a site is positively identified to let the owners know that the tax is due in
arrears. Nonpayment is subject to a misdemeanor and punishable by a fine.
Thanks for bringing this issue to our attention. Please be in touch with any particular addresses or if you should have any
questions. I have forwarded the current inventory of rentals to our staff for review listed in the link below.
Best,
Derek
From: Marx, Jan
Sent: Saturday, April 06, 2013 1:43 PM
To: shanbrom(),aol.com
Cc: Johnson, Derek
Subject: RE: vacation rentals in the city
Hi Bob,
I looked up vacation rentals in our Muni code, and yes, vacation rentals are prohibited in our city. I am including the
Community development director in this response, so you and he can further discuss the issue you have raised. Thank
you for bringing this to our attention.
All the best to you and your family,
Jan
17.22.010 Uses allowed by zones.
A. Status of Uses. Uses within zones shall be as provided in Table 9, subject to subsections (B) through (1) of this section.
In Table 9, symbols have these meanings:
A The use is allowed;
D If the director approves an administrative
use permit as provided in Sections
17.58.020 through 17.58.070, the use may
be established;
PC If the planning commission approves a use
permit as provided in Sections 17.58.020
through 17.58.070, the use may be
established;
A/D The use is allowed above the ground floor.
If the director approves an administrative
use permit, it may be established on the
ground floor.
Special notes affecting the status of uses, indicated by number in Table 9, may be found at the end of the table.
B. Interpretation of Use Listing. These regulations are intended to permit similar types of uses within each zone, The
director, subject to the appeal procedures of Chapter 17.66, shall determine whether uses which are not listed shall be
deemed allowed or allowed subject to use permit approval in a certain zone. This interpretation procedure shall not be
used as a substitute for the amendment procedure as a means of adding new types of uses to a zone,
C. Principal and Accessory Uses. Listed uses are principal uses. Accessory uses are allowed with principal uses.
D. Production and Sales. Where manufacturing is allowed, incidental sale of items made on the premises is allowed.
When sale of a particular type of item is allowed, craftsman -type productions of such an item for sale on the premises is
allowed.
E. Public School Uses. See Section 17.36.030 concerning uses which may be established within public schools.
F. Prohibitions of Drive -Through Facilities. Drive -through facilities are not allowed in any zone.
G. Prohibition of Vacation Rentals. Vacation rentals are not allowed in any zone.
Jan Howell Marx
Mayor of San Luis Obispo
(806) 781-7120 or (805) 541-2716
From: janmarx(u)alumni.stanford.edu Banmarx@alumni.stanford.edu] on behalf of Jan Marx
Danmarx@stanfordalumni.org]
Sent; Saturday, April 06, 2013 1:39 PM
To: Marx, Jan
Subject: Fwd: vacation rentals in the city
---------- Forwarded message ----------
From: <shanbrom()-aol.com>
Date: Sat, Apr 6, 2013 at 5:50 AM
Subject: vacation rentals in the city
To: janmarx@stanfordalumni.org
Hi Jan,
If you go to this website, htt ://www.vrbo-com/vacs ion-rentals/usa/california/central-coasttsan-luis-obis o?from-
date=2013-06-0f&to-date=2013-06-08&sort+by=Bedrooms%2fAscendinc, you will find several homes within the city limits
that are holding themselves out as vacation rentals. My understanding is that this is against city ordinance. Could you
please let me know if these are permissible? Thank you.
Bob Shanbrom
[1] The administrative procedures set forth by ordinance adopted by the local agency
pursuant to paragraph (1) shall provide for a reasonable period of time, as specified in
the ordinance, for a person responsible for a continuing violation to correct or
otherwise remedy the violation prior to the imposition of administrative fines or
penalties, when the violation pertains to building, plumbing, electrical, or other
similar structural or zoning issues, that do not create an immediate danger to health or
safety.
Cocina, Cassia
From: Lease, Joseph
Sent: Monday, Au ust 26, 2013 8:09 AM
To:
Cc: Cocina, Cassia; Johnson, Derek
Subject: RE: Short term rentals
Hello
We are currently monitoring a number of websites for illegal vacation rentals (Airbnb, VRBO, Homeaway,
vacationrentals.com, etc.) We will add Craigslist to our list of monitored sites. Thank you for this information. Your
support is very much appreciated.
Sincerely,
Joseph Lease, MO
Chief Building Official
Community Development Department
919 Palm Street
San Luis Obispo, CA 93401
(805)781-7159
From: .. �,.,_-_.......,�.._...v.....
Sent: Saturday, August 24, 20
To: Lease, Joseph
Subject: Short term rentals
It has been brought to my attention that there is a ban on vacation rentals in San Luis Obispo. This is a huge
shock to me because on craigslist.org there are a lot of short term rentals being offered in Sari Luis Obispo. I do
not support vacation rentals in San Luis Obispo and believe we should protect our community. Please go to
craigslist.org and under the category "Housing" you will see a link that says 'sublets/temporary'. Thanks for
your hard work!
San Luis Obispo
This is just one example of what I found:
GREAT location! Lawrence Drive, San Luis Obispo. Close to downtown (1.5 miles), beaches (10 miles) many
local restaurants, wineries and great shopping close by!
Whether this is a Labor Day getaway, family trip, a family reunion, a golf trip or a girl's weekend away - you
will be comfortable and happy. The decor is classy and comfortable with many places to sit and relax with a
glass of one of the Central Coast's amazing wine selections, following a romantic day of exploring local
vineyards. The large flat screen television has many channels to choose from, or you may choose to enjoy a
languid night on the large deck. The well decorated and comfortable two bedrooms all have soft quality linens
and warm cozy comforters to help you get that wonderful night of sleep that you deserve on your vacation.
• Master Suite has Queen -sized bed, private bath and adjacent deck
• Second bedroom has double bed
Ross, Ben
From: Girvin, Tim
Sent: Tuesday, May 15, 2012 11:43 AM
To: Elke, Brigitte; Cruce, Greg
Cc: Codron, Michael; Johnson, Derek; Ross, Ben; Ellery, Mark
Subject: RE: Vacation Rentals in SLO
Brigitte,
I will have Code Enforcement staff take a look at these sites and develop a list of suspect properties. Depending of the
scale and scope of the problem we may wanttto devise a plan for how to deal with these violations. I will be speaking at
an upcoming Multiple Listing Service (MLS) meeting where local real estate agents gather to review properties for sale. I
will be sure to highlight that vacation rentals are not allowed in SLO. This may serve as a first wave of public outreach to
ensure compliance with our regulations.
I will keep you posted.
Tim Girvin
Chief Building Official
From: Elke, Brigitte
Sent: Tuesday, May 15, 2012 11:35 AM
To: Cruce, Greg; Girvin, Tim
Cc: Codron, Michael
Subject: Vacation Rentals in SLO
Good morning Gentlemen, , 1.
I hope this Mail finds you well. The two websites mentioned below list vacation rentals in SLO and quite a few of them
at that! Could you and your team add this to the list of violations to follow-up on? Please keep me posted on your
efforts as the brought this to and is
interested in a quickr"tluon of this issue.
www.airbnb.com
www.vrbo.com
a
Thank you very much!
Brigitte
Brigitte Elke
Principal Administrative Analyst
City of San Luis Obispo
805 781-7151
Visit us at www.sanluisobispovacations.com
1
Address 657 ERRO ROMAULDO
Zoning/Occup R-1
Legal Desc. CY SLO TR 966 LT 1
Case #/Names
Complaints All Other Land Use Violations
491_0_.i�L �s
Case Information
Owner when ISRAEL THOMAS R & KAYE MG
Case was
657 CERRO ROMAULDO
initiated
SLO, CA 93405 1130
Inspector
CCOCINA
District
1
Received
5/13/2013 Closed
Internal or Other Agency
Comments Anonymous complaint - vacation rental advertised on websites
fNext Action Information 1
Established 5/15/2013 Next Action 5/29/2013 Comments
I Case Activity
5/3112013 CC Closed -violations Corrected
5/23/2013 CC
5/15/2013 CC
Open -mail Sent/ Received
Open -written Notice Sent
5/16/2013 CC Open -site Visit, Inspection
Address C658 MONTEREYZoning/Occup _
Legal Desc, CY SLO BL 9 PTN LT 5
Case #/Names
Complaints All Other Land Use Violations
Case Information
Owner when SHASHIE PROPERTIES A CA GEN
Case was PO BOX 359
initiated SLO, CA 93406 0359
Inspector CCOCINA
District 1
Received 4/4/2013 Closed
Comments Complaint - vacation rental
Next Action Information
Established 8/29/2013 Next Action 9/12/2013
Case Activity
10/3/2013 CC
Comments
Closed -violations Corrected
8/29/2013 BR: Spk to property owner attorney. Open -telephone Message Sent/recvd
Case at stay until violation
abatement verified.
8/28/2013 BR: Property Owner Attorney Called Open -telephone Message Sent/recvd
and left vm.
8/13/2013 CC
7/23/2013 CC
6/5/2013 CC
5/14/2013 CC: extend to 5129/13
Open -citation Issued, 1 st Administrative Citation
Open -director's Appeal Decision Sent
Open -director's Review Of Code Interpretation Rcvd
Open -telephone Message Sent/recvd
5/9/2013 CC Open -written Notice Sent
4/4/2013 CC Open -referred To Building For Inspection
Dear Sirs:
SITED 3
APR 2 3 2013
S!O CITY ATTORNEY
There's at five illegal, unpermitted businesses being run out of the home located at
1384 Cavalier Lane in San Luis Obispo.
The first one is advertised on the Web site; "AirBnB", under the heading "Rest and Revitalize at SLO
Retreat in San Luis Obispo" findable on the AirBnB website by entering the zip code of: 93405.
Karen Hale and Dale Landis offer their home by the night, the week, or the month.
The second unpermitted business is the AirBnB rental of the RV parked out front of their house.
They also use this RV to sleep in when they have rented out the entire house.
The third unpermitted business is the "in house chiropractic appointments" Karen offers the people
that rent the rooms. If you read the first few reviews you will see folks referring to the use of
said room.
The fourth unpermitted business is the Contractor License Dale Landis uses the garage for. He has
tools set up in there and creates a noise and dust condition constantly.
Lastly, Karen Hale seems to be twice licensed by the state board, one of which is in forfeiture!
This has been going on for years, shown by the 70 plus reviews; these two seem to think they're
entitled to flaunt the law and ruin the character of the neighborhood for their own enrichmentl
Unless I miss my guess, they haven't been paying the Bed Tax owed to the City by hotels,
unpermitted or not.
Someone needs to enforce the code on these people, there's a constant stream of out of state cars
and people wandering the neighborhoodl
Thank you for your time in this matter
/11
city of san Luis o131spo Film .
AA,
INIGe Request folz flelb investication
city of san Luis oBlspo, code en f oRcement, 919 palm St. san WIS OBISPO, Ca 93401-3218
The City of San Luis Obispo's Community Development Department will investigate violations of Building, Housing
and Zoning Regulations. This includes non -permitted construction, substandard housing, use permit and occupancy
compliance. If you suspect a violation exists, please fill out this form and return it to the address listed above. Please
provide as much of the following information as possible. Should you have questions regarding a potential violation,
need clarification of our regulations or if you need assistance filling out this form, please feel free to call Code
Enforcement at (805) 781-7179 or (805) 781-7588.t
site oR paizcel wheue the potential. violation Exists
Property Address:
1116 Ella St. San Luis Obispo 93401
Business Name: If Applicable)
Owner or Property Manager
Name and Phone Number:
vimavons
Describe the alleged violations and provide all information relevant to the complaint. Summarize any hazardous
condition or other nuisance created.
tlgpenv rs being usgp as a_►
See....
http://www.vrbo.com/412104
users of house and not all are respectful of the neighborhood.
to the, peRson Requestmc the mvestication
Provide your name, address and a daytime phone number so we can contact you if we need more detailed information
or to advise you of the results of our investigation. If you do not provide this information we may not be able to
respond to your request, The City of San Luis Obispo will keep this information CONFIDENTIAL to the extent
ennitted by law.
Name; _
Address: T
Phone Number:
❑✓ Check this box if you would like to be advised of the results of the investigation Subfrit
�.- '{i ��;`�;,:�1;;'�;yw ::�,:. ::f,�;s"`Q•'�` .n.n;��1.,1�•'% r.';�. F.s'� �`�i:=,J
-..--.�. .�+�7-. �... -S .Y�vA4.. .:{:-.v 'f�::�.� Lt.� �"Yi-�� � •1 .�h�-�.
Date Received:
Time:
Received B
Ross, Ben
From:
Sent: Saturday, December 29, 2012 5.45 PM
To: Ross, Ben
Subject: RE: vacation rental
I thought I should also let you know we have had another set of renters starting yesterday 12/28. Four renters since I
first notified you. None longer than 3 days.
From;
To: bross@siocity.ora
Subject: RE: vacation rental
Date: Tue, 25 Dec 2012 19:54:43 -0800
We have had three renters since I notified you. Each for a weekend only. Most recently starting today the 25th.
Thank you again for your help with this issue.
From: bro5s0slocity.or4
To:
Subject: RE: vacation rental
Date: Mon, 10 Dec 2012 19:46:40 +0000
The case is pending response from the property owner to the last letter that has been mailed. I will update you
on our efforts once we reach the next item in the case. If you check out the website you will notice that they
have changed the rental to monthly only, Are you still witnessing people coming in and out only during
weekends? Does it seem that renters are there for less than a month?
Sincerely,
Ben Ross
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax: (805) 781-7182
bross0slocity.org
From:
Sent: Thursday, December 06, 2012 5:16 PM
To: Ross, Ben $
Subject: RE: vacation rental '
Ben,
I'm wondering if there has been any determination or progress regarding this issue. We have had a couple vacation
renters since I sent the initial referral below.
Thank you again for your attention.
From: brass@slodty.org
TO
'Subject: RE: vacation rental
Date: Fri, 9 Nov 2012 17:41:18 +0000
A code case has been opened. I will keep you up to date with our efforts.
Sincerely,
Ben Ross
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax: (805) 781-7182
bross@slocity.org
From:
Sent:. Friday, November 09, 2012 9:23 AM
To: Ross, Ben
Subject: vacation rental
Ben,
I had spoken with you a couple weeks ago about a propertyoMMENNOMM in SLO on Ella Street being used as a
vacation rental. I have attaehed the request for field Investigation form to this email. Thank you for your time looking
Into this matter. This Is the link to the vacation rental website...
httD://www.vrbo.com/412104
ir
Cocina, Cassia
From:
code, enforcement
Sent:
Tuesday, June 11, 2013 8:11 AM
To:
Cocina, Cassia
Subject:
acatfon enta a
Cassia,
Below is a link to the vrbo listing for 1 1 16 Ella.
httiDWwww.vrbo.com/412104#rates
Sincerely,
Ben Ross
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax: (805) 781-7182
bross@slocity.org
-.... _ _.__........_ -- --------------.._.._.._.....__.._....__.........._...._..
From: JotForm [mailto:noreplYOa lotform.com]
Sent: Friday, June 07, 2013 6:00 PM
To: code, enforcement
Subject: Field Investigatlon Request
Online Field Investigation Request
uestion
Answer
Where did it happen?
1116 Ella St. San Luis Obispo 93401
The house on 1116 Ella Street in San Luis Obispo is being used as a vacation rental.
I submitted a field investigation
What happened?
request on 11/9/12. I have followed up at least S times since then to complain about
it's weekly by different renters. My last complaint was emailed on 4/18/13 and I did
not receive a response.
Who was involved?
An individual person.
What is their name?
What is the name of the
business?
What is the name and
phone number of the
A
owner or property
manager?
Your name:
Street Address:'
City: San Luis Obispo
Your address: State / Province: CA
Postal / Zip Code: 93401
Country: United States
Your phone number: (805)
Your email address:
Would you like to be
advised of the results of Yes
this investigation?
How would you prefer By email.
to be contacted?
236462406985583984 - 66,214,65.89 -
h s:I/submit.'otform pro.cornlserver. h ?action=etSubmissionPDF&sid=236462406985583984&formlD=23
605554283959
I.
2
Ross, Ben
From: code, enforcement
Sent: Tuesday, June 11, 2013 2:12 PM
To: Cocina, Cassia
Subject: FW: Vacation Rental -1116 Ella
Cassia:
Below can be added to the case notes showing how the vacation rental has been rented.
Sincerely,
Ben Ross
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax: (805) 781-7182
bross0slocity.org
From:
Sent: Tuesday, June 11, 2013 11:21 AM
To: code, enforcement
Subject: Re: Vacation Rental - 1116 Ella
I understand the limitations. If its at all helpful the house was rented for december and january for a
month. After that its just been for a weekend at a time. We've probably had 15-20 or so different weekend
renters staying next door since then. Its like living next door to a hotel. Thanks for your help.
Sent from my Whone
On Jun 11, 2013, at 8:21 AM, "code, enforcement" <code(a,slocity.org> wrote:
am
We have a letter heading out in the next couple of days to the property owners. Please be
aware that there are not too many enforcement options for us when it comes to vacation
rentals within City Limits. We are able to mail letters letting them know what the ordinance is and
through time if they keep violating the ordinance they will receive escalating fines. Previously
Code Enforcement has required them to rent the property at a 30 day minimum as required by
the ordinance, now we will be requiring them to remove their advertisement entirely from vrbo
and any other vacation rental website. Please contact us if you have any further questions.
Sincerely,
Ben Ross
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax: (805) 781-7182
bross(a,slocity,org
Ross, Ben
From:
Sent:
To:
Subject:
For your records.
Sincerely,
Ben Ross
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax: (805) 781-7182
bross slocit .or
code, enforcement
Wednesday, June 26, 2013 10:53 AM
Cocina, Cassia
FW: Vacation Rental - 1116 Ella
From
Sent: Saturday, June 22, 2013 9:29 PM
To: code, enforcement
Subject: RE: Vacation Rental - 1116 Ella
Ben,
We have a large group renting the property next door to our home. Also in the last month, there was a large
group of young men hosting what was assumed to be a party at this home. There was much use of the
outdoor balcony, excessive drinking, etc.- In fact, the noise carried on past
midnight on both nights they rented the property and I was forced to contact the police.
Whatever consequences the city has utilized to enforce this code violation have been completely
ineffective. Furthermore, 1116 Ella is still listed on VRBO and is occupied by different renters most every
weekend not the 30 days as you specified below.
As a property owner, I am beyond frustrated with this situation and feel I have run out of options. In my
opinion, this property being used as an unlicensed vacation rental potentially diminishes the value of my
home, compromises my reasonable expectation of privacy, and potentially poses a safety hazard to myself and
my family. I have tried to work through the system since November 2012 to address this concern and
sincerely hope it can be rectified before it becomes needlessly expensive for all parties including myself. I plan
to contact legal counsel to gain better understanding of my rights as a property owner.
I would appreciate any feedback you might have to offer.
Sincerely,
.!5;9 vv
6cina, Cassia
From:
Sent:
To:
Subject:
FYI —Vacation Rental.
RP Contact Info:
Sincerely,
Ben Ross
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax: (805) 781-7182
bross a0slocity.orci
code, enforcement
Monday, August 05, 2013 7:50 AM
Cocina, Cassia
FW: Violation
From:
Sent: Fri ay, Aug - f3'501 PM
To: code, enforcement
Subject: Re: Vlolation
Ben, thank you for such a quick response. That's correct he has updated the web site and it states
monthly rental. However if you were to check the reservation calendar that is up now you can see
that he is renting for other periods. You can forward my email address to Ms. Cocina. Thanks hope
you had a nice weekend.
From: code, enforcement
Sent: Friday, Auq ust 02, 2013 1:37 PM
To: maIilto: code. enforcement
Cc: Cocina, Cassia
Subject: RE: Violation
'I know that Cassia Cocina, Code Enforcement Officer, has taken over the case. She has sent another Notice of Violation, She is on
vacation through next week and I will follow-up with her once she returns to the office. As you know it is difficult for us to regulate
behavior, the website has been updated to show that it is only available for 30 days. Please continue to email us when then is heavy
turn -over so we can build a proper case. 1 am sorry for the inconvenience this has caused you and really wished we. had the tools to do
more.
Sincerely,
Ben Ross
Code Enforcement Officer
City of San Luis Obispo
1
Phone: (805) 781-7179
"Pax: (865) 781-7182
bross slocity.org
From .. _.
Sent: Friday, August 02, 2013 6:20 AM
To: code, enforcement
Subject: Re: Violation
Ben,
It appears that 10continues to rent this l l 16 Ella address, Can anything
be done, or is it people just do what they want to do?
Thanks
ism
From: code, enforcement
Sent: Thursda October 11 2012 8:09 AM
To: code, enforcement
Subject: RE: Violation
1 have not been able to move forward with this case. We are short staffecj.at the moment and my directive has been to follow through
with the most egregious offenders, especially those that are associated with fire and life safety. I have the information and 1 will be
moving forward with the ease once we return to norrnal stafting. Please contact me if you have any further questions or comments.
Sincerely,
Ben Ross
Code enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax: (805) 781-7182
Jxos @sloc.ity.org
.......... .------ ._.--- -__......_..,_ .._.._._-_. .._..._._._..
From.. .net]_..._......_.---.��.---_...__......
Sent; Wednes ay, ctobcr 10, :54 PM
To: code, enforcement,,
Subject: Re: violation
ello Ben
Say a week and a half ago we spoke about this this enforcement action.
(1116 Ella)You indicated the property owner was contacted and that you
were going to attach a 72 hour notice to the property. Did you have any
results?
EM
From: code, enforcement
Sent: Thursday, September 27, 2012 4:59 PM
To: xnailto. ; code, enforcement
2
r
Subject: RE: violation
dw
Thank yaWTolt submitting a request for field in vestigatini� vA code enforcement case has been opened for the aforementioned
property, A letter will be mailed to the property owner indicating to cease renting the property and fines will follow if they continue
to do so in the future, Please call me if you have any specific questions about our process.
Sincerely,
[den Ross
Code Enforcement Officer
City of San Luis Obispo
Phone: (805) 781-7179
Fax:(805) 781-7182
bross(a.stocity.org
From;..._......._.�....w._.......,..�w :---,,._._..__� ..._.._.._..._....._M...._....._.._._._ _�_.. _. _. _._....._._ �._._._.._...,..---,.,.�w_....,....�...r............
Sent: Thursday, September 20, 2012 9:32 AM
To: code, enforcement
Subje,et:;violation
ATTACHED PLEASE FIND REQUEST FOR FIELD
INVESTIGATION. TO ACCESS THIS VRBO LISTING GO TO:
http://www.vrbo.com/412104
3
S 1