SUBMITTAL TO THE BOARD OF SUPERVISORS

COUNTY OF RIVERSIDE, STATE OF CALIFORNIA

ITEM: 21.1
(ID # 20248)
MEETING DATE:
Tuesday, October 25, 2022

FROM : TLMA-PLANNING:

SUBJECT: TRANSPORTATION LAND MANAGEMENT AGENCY/PLANNING: Public Hearing

on Adoption of Ordinance No. 449.252, An Interim Ordinance of the County of Riverside
Extending Urgency Interim Ordinance No. 449.251 Establishing a Temporary Moratorium on
New Short Term Rentals Within the Unincorporated County Areas of Idyllwild, Pine Cove, and
Mountain Center, and the Temecula Valley Wine Country Policy Area, CEQA Exempt, All
Districts. [$0]

RECOMMENDED MOTION: That the Board of Supervisors:

1. FIND that this interim Ordinance No. 449.252 is EXEMPT from the California
Environmental Quality Act (CEQA), pursuant to State CEQA Guidelines Section
15060(b) and (c), Section 15378, and Section 15061(b)(3);
2. ADOPT ORDINANCE NO. 449.252, An Interim Ordinance of the County of Riverside
Extending Urgency Interim Ordinance No. 449.251 Establishing a Temporary
Moratorium on New Short Term Rentals Within the Unincorporated County Areas of
Idyllwild, Pine Cove, and Mountain Center, and the Temecula Valley Wine County Policy
area until September 9, 2023; and
3. Direct the Clerk of the Board to file the Notice of Exemption with the County Clerk for
posting.

ACTION:4/5 Vote Required, Policy

____________________________________________________________________________
MINUTES OF THE BOARD OF SUPERVISORS

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 SUBMITTAL TO THE BOARD OF SUPERVISORS COUNTY OF RIVERSIDE,
STATE OF CALIFORNIA

FINANCIAL DATA Current Fiscal Year: Next Fiscal Year: Total Cost: Ongoing Cost

COST $ 0 $ 0 $ 0 $ 0
NET COUNTY COST $ 0 $ 0 $ 0 $ 0
Budget Adjustment: N/A
SOURCE OF FUNDS: N/A
For Fiscal Year: 22/23
C.E.O. RECOMMENDATION: Approve

BACKGROUND:
History
In January 2016, the Riverside County Board of Supervisor’s adopted the initial version of the
Short Term Rental Ordinance (Ordinance No. 927), establishing permitting and operating
requirements to address the growth of the industry and to support a homeowner’s business
opportunity to utilize their residence for transient occupancy. Resulting from a continued rapid
growth within this industry, continual neighborhood complaints, and ongoing challenges related
to certification, operation, and enforcement of Short Term Rentals, the Board of Supervisors
directed County staff, through adoption of an initiation on February 25, 2020, to prepare a
comprehensive amendment to the Short Term Rental Ordinance. Then, while staff was working
on the amendment to Ordinance No. 927.1, in June 2021, a Grand Jury investigation report on
Short Term Rentals was released. Ordinance No. 927.1 was heard by the Planning Commission
in April and May of 2022 and by the Board of Supervisors on July 26, 2022, September 13,
2022, and October 4, 2022. Public input on the ordinance has been provided online during the
ordinance drafting stage and at each public hearing.

On September 13, 2022 (Agenda Item 3.18), the Board adopted urgency Ordinance No.
449.251, establishing a temporary moratorium on new Short Term Rentals within the
unincorporated County areas of Idyllwild, Pine Cove, and Mountain Center (“Unincorporated
County Area of Idyllwild”) and Temecula Valley Wine Country Policy Area (“Temecula Valley
Wine Country”) to protect the public health, safety, and welfare, while the County evaluates the
impacts of Short Term Rentals in these areas and reasonable regulations to mitigate such
impacts.

During the initial temporary moratorium period, County staff have been actively gathering data
to understand and alleviate the impacts of Short Term Rentals in these areas. The Planning
Department held two community meetings (one in Idyllwild, on October 3, 2022 and one in Wine
Country, on October 4, 2022) to hear input from the local communities on the public safety,
health, and welfare concerns of Short Term Rentals in these areas and the communities’
priorities on potential regulations to alleviate these impacts by amending the Short Term Rental
ordinance (Ordinance No. 927).

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On October 18, 2022 (Agenda Item 3.53), the Board adopted a 10-Day Report for Ordinance
No. 449.251, required by Government Code section 65858, describing further details of both the
Unincorporated County Area of Idyllwild meeting held on October 3, 2022 and the Temecula
Valley Wine Country meeting held on October 4, 2022. A copy of the 10-Day Report can be
found with the agenda materials for the October 18, 2022 Board meeting and also on the
Riverside County Planning Department website.

The item before you today, Ordinance No. 449.252, is a request to extend the moratorium
established by Ordinance No. 449.251 until September 9, 2023 to allow staff to continue
community outreach to consider density control measures and potential caps, as recommended
by the Planning Commission for both of these unique areas.

It is important to note that the Planning Department intends to work diligently to complete this
analysis and bring a recommendation to the Board quicker than September 9, 2023. If the
Planning Department has not developed recommended revisions to Ordinance No. 927 within
six (6) months, the Planning Department intends to bring a six (6) month progress report to the
Board for consideration.

Purpose
The purpose of Ordinance No. 449.252 is to extend the moratorium established in Ordinance
No. 449.251 on new Short Term Rentals within the Unincorporated County Area of Idyllwild and
Temecula Valley Wine Country, while County staff continues to evaluate the seemingly
disproportionate impacts of Short Term Rentals in these areas and assesses reasonable
regulation options to mitigate such impacts, in order to further amend Ordinance No. 927.

Despite the progress that has been made in gathering data, the facts that supported urgency
Ordinance No. 449.251 remain in effect as the County’s efforts to address the public safety,
health, and welfare concerns has not concluded. Additional time is needed to gather further
data and craft informed decisions to amend Ordinance No. 927.

These specific areas of the County have experienced impacts of an above average number of
Short Term Rentals operating, combined, making up 62% of the 1,131 (as of August 10, 2022)
Short Term Rentals Countywide. Also, the recent increases of new certificates for Short Term
Rentals are growing. The previous three years prior to the release of the June 7, 2021, Grand
Jury investigation report on Short Term Rentals, the average number of Short Term Rental
certificates issued per month was eight (8). Subsequent to that report being released, through
July of 2022, the average number of Short Term Rental certificates issued was 54 per month.
This indicates an increase of 575% in the last 13 months. If the increase continues adverse
impacts that have the potential to endanger the health and safety of residents, guests and the
very environment and resources that attract visitors to the County will increase. Adverse
impacts to surrounding neighbors and properties include unpermitted large-scale events, over-
concentration that destabilizes the neighborhood quality of life, excessive noise, disorderly
conduct, traffic congestion, illegal vehicle parking, accumulation of refuse and loss of potential

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housing stock for long-term rentals and permanent residents. This ordinance is necessary to
ensure neighborhood compatibility and reduce conflicts within the surrounding residential
neighborhood, to facilitate economic growth within the County, and to protect the health, safety,
and general welfare of the County’s residents, which are disproportionately affected in the
unincorporated County areas of Idyllwild and the Temecula Valley Wine Country Policy Area.

The Unincorporated County area of Idyllwild (Idyllwild, Pine Cove and Mountain Center) is
located near national forest and wilderness areas. This remote, rural retreat has developed as
a mountain resort with single family homes, a variety of lodging, camping, and recreational
opportunities. The transformation of 465 residences to Short Term Rentals, which is almost 12%
(and rising) of residences in this area, and disproportionately concentrated in certain
neighborhoods, threatens the fabric of the community. The greater the number of Short Term
Rentals in a neighborhood, the greater the potential impacts on the neighborhood. Also, the
infrastructure in this area remains rural in nature, exhibiting narrow, steep roads and a lack of
shoulder parking. The area is also prone to devastating fires and much of this area is
designated a very high fire severity zone. Short Term Rentals, particularly the concentration, in
these locations, without proper regulation to address evacuations and fire safety, may
jeopardize the safety of guests and the community.

Temecula Valley Wine Country encompasses important agricultural lands in the County. It is
subject to the policies, as adopted by the Board of Supervisors, within the Temecula Valley
Wine Country Community Plan and the zone classifications and regulations that are unique only
to that area. Three districts have been established for this policy area – Winery, Equestrian and
Residential – to ensure long-term viability of the wine industry while protecting the community’s
equestrian rural lifestyle. The overarching policies for this region promote a strong identity for
the Temecula Valley Wine Country. Additional policies within each district provide for
complimentary uses distinct to the delineated areas. These policies protect against the location
of activities that are incompatible with existing residential and equestrian uses, which could lead
to land use conflicts in the future. The Temecula Valley Wine Country is distinct in that it is the
only area of the County that, with approval of a discretionary land use permit, allows small-scale
Cottage Inns, which are defined as a dwelling unit with five (5) or fewer guest rooms providing
lodging and breakfast for temporary overnight occupants in return for compensation and is
solely owned and operated by the property owner, while encouraging agricultural operations,
equestrian activities, and vineyard planting with such uses to reflect the unique character of this
policy area. Short Term Rentals, as currently defined, are not required to follow these polices,
thereby, creating activities that are incompatible with the framework established by the
Temecula Valley Wine Country Community Plan. Short Term Rentals within the Temecula
Valley Wine Country make up 12.5% of the residential uses in the area (233 residences) and
are disproportionately concentrated in certain neighborhoods. This number is growing, and any
concentration could adversely impact the character of the community. Whether it be in the Wine
Country Winery Zone, the Wine Country Equestrian Zone or in the Wine Country Residential
Zone an over concentration of Short Term Rentals can impact areas adversely, destabilizing the

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thoughtfully planned community and impacting quality of life that has attracted so many to the
area.

Adoption of this Ordinance No. 449.252 will extend Ordinance No. 449.251, the moratorium on
Short Term Rentals. This extension will allow staff time to consider density control measures
and potential caps, as recommended by the Planning Commission for both of these unique
areas. Although County staff is in the process of gathering data on each of these unique areas
and beginning to formulate optional amendments to Ordinance No. 927, this process is not yet
complete. Absent this extension, new Short Term Rentals may be established that could
adversely impact the residential character of neighborhoods, create an increased threat to
public safety and conflict with the proposals that the County intends to further study.

The extension of the moratorium on new Short Term Rentals DOES NOT prohibit the continued
operation or renewals of Short Term Rentals, which have legally obtained a Short term Rental
Certificate prior to the effective date of Ordinance No. 449.251 on September 13, 2022.

This interim Ordinance No. 449.252 extending Ordinance No. 449.251, the moratorium on new
Short Term Rentals, is adopted pursuant to California Constitution Article 11, Section 7, and
California Government Code sections 25123 and 65858 and will take effect immediately upon
its approval by at least a four-fifth’s vote of the Board of Supervisors of the County of
Riverside. The moratorium will be in effect for up to 10 months and 15 days, until September 9,
2023, unless separate action is taken by the Board at a public hearing to repeal or further
extend the moratorium. Prior to expiration or extension of this ordinance, staff is directed to
prepare the 10-day report for the Board as required by Government Code section 65858,
describing the measures taken to alleviate the conditions which led to the adoption of this
ordinance.

California Environmental Quality Act

Interim Ordinance No. 449.252 is not subject to the California Environmental Quality Act
(California Public Resources Code § 21000 et seq.) (CEQA) pursuant to State CEQA
Guidelines sections 15060(b) and (c), because it merely extends the moratorium established by
urgency interim Ordinance No. 449.251 prohibiting new Short Term Rentals. It will not result in a
direct or reasonably foreseeable indirect physical changes in the environment and, thus, it is not
a project as defined in State CEQA Guidelines section 15378. The extended non-issuance of
Short Term Rental Certificates in certain areas of the County has no potential for resulting in
physical change to the environment, directly or indirectly. Additionally, or in the alternative, this
Ordinance No. 449.252 is exempt from CEQA under State CEQA Guidelines section
15061(b)(3) because it can be seen with certainty that extending the prohibition of new Short
Term Rentals in certain areas will have no significant effect on the environment because it will
actually result in less impact on the environment. This interim Ordinance No. 449.252 merely
maintains the status quo prior to the moratorium established by Ordinance No. 449.251 on
September 13, 2022.

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Impact on Residents and Businesses

Concentrations of Short Term Rentals can have adverse impacts on the residential character,
neighborhood stability, public safety, and quality of life, in certain areas within the
unincorporated Riverside County. The extension of the temporary moratorium of new Short
Term Rentals in the Unincorporated County area of Idyllwild and Temecula Valley Wine Country
will have no impacts to residents, as no new Short Term Rentals may be permitted on a
temporary basis, which could otherwise further add to the concentrated areas. Existing, legally
permitted Short Term Rentals at the time Ordinance No. 449.251 became effective on
September 13, 2022 may continue to operate, thereby not impacting businesses.

ATTACHMENTS

ATTACHMENT A Ordinance No. 449.252

ATTACHMENT B Notice of Exemption

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