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Vacation rental regulations come into focus By Lea Boyd
A somewhat ambivalent nod from the Carpinteria Planning Commission on Jan. 4 moved the proposed 235-unit cap on the number of local vacation rentals along the pipeline for City Council consideration. The commission voted 2-1 in favor of the new ordinance aimed at protecting workforce housing and preserving residential neighborhoods. “Our whole town could turn into a rental unit if this doesn’t pass,” said Carpinteria resident Vera Bensen during public comment. The proposed ordinance, which is expected to come before the city council in late January or early February, creates an overlay district that encompasses 208 of the city’s 218 units now permitted for the use. As written, the ordinance would create 10 nonconforming rentals. These could continue to operate for an additional year and possibly a second at the discretion of the city manager. Homestays would be newly defined under the ordinance as short term rentals—any unit rented for 30 or fewer nights—in which the owner remains onsite. They would be allowed in all residential zones of the city except mobile home parks, where parking is limited. Vacation rentals, in which the owner is not onsite, would be required to meet new operating standards. These include the following: the owner and/or manager would have to live within 30 miles; no commercial activities, such as weddings, could take place at the rental; the city could limit number of parking spaces available, and maximum occupancy would be limited to two people per unit, plus two per bedroom. Fines ranging from $100 to $500 could be issued for violations, and licenses would be subject to revocation if a renter is found to provide false information on the city permit application. The fee for licenses is $55 now, but is expected to increase to $350 when the city’s entire fee schedule is revised in March. Commissioners John Moyer and John Callender supported the proposed ordinance. Moyer noted that the issue of illegally operating rentals is unlikely to go away, and may grow more severe under new restric-
CiTy OF CArPinTeriA
The city’s proposed vacation rental overlay would allow for four subareas with a cap on the number of allowable rentals in each. tions. “it’s hard to police,” he said. Advocating for restricting vacation rentals to only two of the four subareas delineated by the proposal, Commissioner Jane Benefield voted against the proposed language. She noted that the local shift toward tourism is creating an imbalance at the expense of local residents. “We clearly need (longterm) rentals here. And the prices just keep going up,” she said. Commissioner Glenn LaFevers declined to vote on the issue due to his absence at the last meeting in which vacation rentals were discussed. Commissioner David Allen was absent.
Proposed number of vacation rentals per subarea Subarea 1: Subarea 2: Subarea 3: Subarea 4: Total:
Proposed 190 20 5 20 235
existing 184 12 2 10 208
Commission contemplates medical marijuana By Lea Boyd
The issue of medical marijuana delivery found its way into the spotlight at this week’s planning commission meeting where a zoning code amendment became a discussion about compassion for those suffering from serious ailments like cancer and chronic pain. in a 3-1 vote, the commission recommended to the city council that existing code be modified to maintain local control of medical marijuana cultivation but opted against explicitly prohibiting delivery of medical marijuana by anyone who is not the patient or the patient’s primary caregiver. Commissioner John Callender ar-
gued that by restricting deliveries and only allowing the patient or a primary caregiver access to medical marijuana dispensaries creates an unnecessary burden on someone whose suffering could be relieved by marijuana use. Dispensaries are prohibited in Carpinteria, which means that the patient or caregiver would have to travel to a city where they are legal, such as Santa Barbara, to obtain medicinal marijuana. “i guess i can see an argument that a dispensary could be deemed inconsistent with zoning, but i have a really hard time seeing how a delivery of something purchased from a location outside of the city to a private resi-
dence violates any zoning concern or ties in with a legitimate aspect of our zoning authority,” said Callender. A California law passed last October gives the state new rights to license and approve cultivation and delivery of medical marijuana. Unless cities have land use regulations in effect by this March that regulate or prohibit cultivation, the state would become the sole licensing authority for that activity. The Carpinteria zoning code amendment was motivated by an interest in maintaining local control by adding more explicit language. Callender ’s argument convinced his fellow commissioners to maintain
more flexibility in delivery of medical marijuana, and the new language prohibiting delivery was removed from the amendment recommended by city staff. The nay vote came from Callender, however, who said that he disagreed with the spirit of the restrictive ordinance initially adopted by the city in 2007. He explained he was uncomfortable voting for an ordinance that seems antiquated and lacks sufficient compassion for patients suffering from serious medical conditions. The city council will consider the zoning code amendment on January 11.