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Agenda Item
9. Recommendation to provide direction to staff on amendments to Washoe County Code Chapters 110 (Development Code) and 125 (Administrative Enforcement Code) specific to changes to the regulations for short-term rentals (STRs) in unincorporated Washoe County. The Board is asked to provide direction to staff regarding specific STR regulations for the purpose of streamlining STR permitting and enforcement processes in accordance with the Board's initiation of code amendments at the August 22, 2023, meeting. The amendments may include, but are not limited to: limiting STRs to one per parcel in the Tahoe planning area; prohibiting new STRs in accessory dwellings in the Tahoe planning area; clarifying when an STR permit must be relinquished; allowing for an updated STR permit renewal date via payment of a pro-rated renewal fee; removing the requirement for a signed notary for STR renewal applications; clarifying that a new STR permit is required with each change of parcel ownership; granting a 60 day grace period for renewals; clarifying violation and revocation regulations; reducing the appeal period for STR stop activity orders; increasing STR penalties; reducing fees for STR permits in partial home rentals; and resolving possible discrepancies that may arise within existing Washoe County Code chapters as a result of amendments. Virtual Public Comment Eligible: Incline Village. Community Services. (All Commission Districts.) FOR POSSIBLE ACTION
An argument has been made by a few misinformed STR owners that the current county STR ordinance diminishes a STR owner’s property right as it relates to HOA overflow parking.
This is factually incorrect.
HOA overflow parking is common land. A select group of owners cannot privatize HOA common land and rent it out for their own personal profit, as it does not belong to them.
Regarding occupancy, the availability of overflow parking cannot be guaranteed and therefore cannot be counted as a guaranteed available space for a STR. In comparison, when an owner rents long term, they are only guaranteeing that their deeded space is available and make no property claim on overflow parking.
What if an HOA assigned overflow parking to an STR owner? Unfortunately, in most Incline Village HOAs (including Tyrolian Village) there are not enough overflow spaces to equitably allocate 1 space to every owner. So why would a STR commercial business get a special property right over every other HOA owner?
Please note that Section 110.319.15 (b), which states STRs may only use their assigned spot, has been extremely effective in reducing the frequency by which STR commercial businesses profit from the exploitation of scarce, neighborhood common land. And that the ordinance should not be changed, as you can't legally rent something you don't own.
Do not extend the grace period. STR owners should abide by the current renewal periods.
Do not reduce the permit fees for primary residences. This encourage STR owners to falsely claim their rental as their primary residence for a reduced property tax rate
Do not remove notarization requirement for renewal applications. It is not difficult to find a notary; a notarized signature allows HOAs to take legal action against an STR owner who makes false claims.
STR Parking: Support retaining Section 110.319.15(b) which states STRs may only use their assigned spot.
It brings me no joy that an article I wrote foreshadowing what would happen if Washoe County didn’t rein in short-term rentals has come true (Reno Gazette Journal 2/19/21). The community, the Lake, the environment, and the local infrastructure are worse off because of today’s weak ordinance that allows for unlimited STRs.
What I didn’t foresee is that Washoe County residents would be forced to subsidize vacation homes and STR owners’ business models. As of August, taxpayers had covered the annual STR program shortfall to the tune of $259,000.
I request the County put a moratorium on new permits effective today and establish an STR cap in Incline Village/Crystal Bay to 10% of the total housing stock. An STR cap would improve housing availability.
Amend STR ordinance to protect public safety and Tahoe's environment. Wildfire dangers are real.
Section 110.319.50 Restrictions During a Declared Emergency provides emergency powers to local governmental entities.
- Amend the ordinance to spell out the level of threat the County considers an ‘emergency’ to prioritize lives over Transient occupancy tax collection.
Streamline emergency declarations. Rather than rely on the Governor to recognize local dangers or fast-changing life-threatening circumstances, I ask that the County be first to exercise power to halt STR advertising/use during emergencies
increase the fee to ensure compliance. The current amount is not a deterrent. Douglas County charges up to $20,000 for permit infractions
- Add compliance staff & extend hours to evenings & weekends when STRs are in heavy use.
I sent much more in an email. Please read it. Thank you.
Re ADU's in the Tahoe planning area: If the code is changed to allow ADU's on parcels less than one acre, it is not sufficient to simply say the ADU cannot be an STR. For any parcel that adds an ADU, code should state that neither residence on the parcel, the main home or the ADU, is allowed to be an STR. It needs to be clear that an owner (perhaps someone that wants to downsize) cannot build an ADU, live in it, and rent their main residence as an STR. Otherwise, ADU's will not help in easing the housing shortage.
I am here on behalf of Concerned Neighbors of Tyrolian Village. We now number more than 80 property owners and voters in Tyrolian Village.
Our group spoke at the November 15 public meeting and provided written comments supporting many of the proposed amendments being considered by the staff. However, there are several proposed changes we do not support and would like to propose alternative changes:
1. Grace Period extension—we do not support extending the grace period for STR permit renewals to 60 days. STR owners should abide by the current renewal periods just like others who get licenses from the county or state.
2. Reduce Permit Fees: We do not support reducing the permit fees for
primary residences. This will only encourage STR owners to falsely claim their rental as their primary residence for a reduced property tax rate. We reported to the County Assessor at least 7 units in our HOA that were being rented but the owner was claiming they lived there.
3. Notarization: We strongly oppose removing the requirement to notarize renewal applications. It is not difficult to find a notary, and a notarized signature allows HOAs to take legal action against an STR owner who makes false claims.
4. STR Parking: We also strongly support retaining Section 110.319.15(b) which states that STRs may only use their assigned spot. Although this section is not being changed under the current draft, we have witnessed STR owners lobbying your staff to get this restriction removed. This would be catastrophic for HOAs like Tyrolian Village, McCloud, Bitterbrush, and similar associations in Incline village that have limited parking spots. In Tyrolian Village we simply don’t have enough space to give everyone 2 parking spots. Please retain the current language and enforce these provisions.
Finally, we disagree with the staff statement that HOA verification using CC&Rs and rules is problematic. If an HOA bans STRs, then the county should not issue an STR permit in that community. If an HOA limits STRs to only Tier 1, then the county should not issue a tier 2 permit. We are not asking the county to interpret our HOA rules; we are only ask that you abide by the clearing stated limits HOAs have put in place.
About parking: IF STR operators are renting out their units to short term clients, these clients are their primary tenants. STR guests do not count as guests because they are the primary tenants of the rental. They therefore should not be allowed to park in overflow areas of HOAs at all that is intended for guests. This is a loophole they are trying to exploit. I say keep the wording as is. In exploiting this parking resource, they would become yet another burden on the community
I do not support a grace period extension. What’s the point of a deadline if it’s not a deadline? The county is losing money on this program and I am angry as a tax payer footing the bill for this while it also negatively affects my property.
I do not support lifting the notarizing requirement for renewals. It is very easy to get a document notarized. Lifting it only helps out of town operators & corporate operators of STRs.
I do not support reducing fees of any kind. Fees must be increased so at least tax payers are not footing the bill of this program, and more money to pay for enforcement and added costs to STR neighbors- fences, security cameras, noise barriers, police calls, etc.
My entire community is against STRs except those running STRs. This program has caused great angst and set neighbor fighting neighbor. The county has failed with this STR program & should now work toward a plan to eliminate & outlaw this disaster like communities and cities are around the world. Italy & New York City are just two big ones of countless examples. https://www.businessinsider.com/airbnb-florence-italy-short-term-rentals-ban-2023-12 A local example is South Lake Tahoe’s Measure T. That move has significantly increased housing supply. Increased supply = increased affordability.
Bring our residential communities back = also brings affordability and equality. STRs increase wealth inequality because STR operators are making so much money they can then reinvest in buying more STRs = reduce more housing supply. Since most, if not all commissioners live in Reno, do you really want to continually make Lake Tahoe more and more unaffordable?STRs contribute to inequality.STRs belong in motels and hotels.Not party houses & residential. It’s common sense
To Whom It May Concern:
I am writing to you as a longtime resident of Tyrolian Village in Incline, Nevada. I first came to Tyrolian Village in 1972 as a 12-year-old. My parents built their original home at 1371 Tirol Drive in 1972, and then built their forever home at 1431 Tirol Drive. I lived in Tirolian Village full-time from 1975 till 1982 – and was in the Incline High School class of 1978.
I have been to Tyrolian Village either full-time or part-time for the last 51 years. The Tirolian Village community has always been a clean and safe environment which I have now shared with my wife and children. I am knowledgeable of the Tyrolian Village Association (TVA) Covenants, Conditions & Restrictions (CC&Rs) established to protect and enforce the rights of the homeowners. In fact my father was a past president of the TVA board, and my mother is both active and to my knowledge the longest resident residing full-time in Tyrolian Village.
The issue at hand is regarding short-term rentals (STRs) in Tyrolian. I would point out that TVA has always allowed renters. In fact, I took the school bus with at least 3 classmates who rented in Tyrolian for the better part of 3 years. Under the long-standing CC&Rs, and in the interest of maintaining Tyrolian’s community, rentals we intended and restricted rentals to longer-term.
It is well documented that STRs increase traffic, trash, and crime. The issue at hand may best be summarized by Lawrence Summers, former President of Harvard: “In the history of the world, no one has ever washed a rented car.”
Short term renters (STRs) have little incentive to maintain the property they are renting. Owners care about and plan for the future.
I am asking the Washoe County Commission to retain the STR Ordinance with its current restrictions on parking and how STR rentals should conduct themselves and avoid the complications inherent and well documented in STRs (traffic, trash, and crime). Any action short of that will adversely impact the Tirolian community that I have been a member of for 51 years and counting. If you have any questions please feel free to call my cell at 650-430-3151.
In regard to the Staff Report for this Agenda Item, I would like to comment on two of the Proposed Amendments (#2 & #13) as I am in an owner-occupied home in Incline Village and this is my Primary Residence. I have an active STR Permit and do a mix of partial home rental and rental.
***I SUPPORT Amendment #13 that provides for a reduced STR Permit Fee for property owners in the same situation as me, as we are not professional out-of-state investors trying to run a large profitable STR business but simply homeowner's of a single home trying to subsidize the cost of living in this beautiful area.
***I OPPOSE Amendment #2 that states that owner-occupied homes with STR Permits must follow different increased regulations than their neighbors who do not have STR Permits, during a period when I am living in that home and not renting it. Why am I being subjected to increased regulation when living at my home and not renting it simply because I have a STR Permit and do rent my home to others from time-to-time??? My concern relates specifically to MAXIMUM OCCUPANCY, as I would like to host my extended family at my Primary Residence Incline Village home for the holidays but the STR Permit requirement states that I cannot do that!
An argument has been made by a few misinformed STR owners that the current county STR ordinance diminishes a STR owner’s property right as it relates to HOA overflow parking.
This is factually incorrect.
HOA overflow parking is common land. A select group of owners cannot privatize HOA common land and rent it out for their own personal profit, as it does not belong to them.
Regarding occupancy, the availability of overflow parking cannot be guaranteed and therefore cannot be counted as a guaranteed available space for a STR. In comparison, when an owner rents long term, they are only guaranteeing that their deeded space is available and make no property claim on overflow parking.
What if an HOA assigned overflow parking to an STR owner? Unfortunately, in most Incline Village HOAs (including Tyrolian Village) there are not enough overflow spaces to equitably allocate 1 space to every owner. So why would a STR commercial business get a special property right over every other HOA owner?
Please note that Section 110.319.15 (b), which states STRs may only use their assigned spot, has been extremely effective in reducing the frequency by which STR commercial businesses profit from the exploitation of scarce, neighborhood common land. And that the ordinance should not be changed, as you can't legally rent something you don't own.
Do not extend the grace period. STR owners should abide by the current renewal periods.
Do not reduce the permit fees for primary residences. This encourage STR owners to falsely claim their rental as their primary residence for a reduced property tax rate
Do not remove notarization requirement for renewal applications. It is not difficult to find a notary; a notarized signature allows HOAs to take legal action against an STR owner who makes false claims.
STR Parking: Support retaining Section 110.319.15(b) which states STRs may only use their assigned spot.
It brings me no joy that an article I wrote foreshadowing what would happen if Washoe County didn’t rein in short-term rentals has come true (Reno Gazette Journal 2/19/21). The community, the Lake, the environment, and the local infrastructure are worse off because of today’s weak ordinance that allows for unlimited STRs.
What I didn’t foresee is that Washoe County residents would be forced to subsidize vacation homes and STR owners’ business models. As of August, taxpayers had covered the annual STR program shortfall to the tune of $259,000.
I request the County put a moratorium on new permits effective today and establish an STR cap in Incline Village/Crystal Bay to 10% of the total housing stock. An STR cap would improve housing availability.
Amend STR ordinance to protect public safety and Tahoe's environment. Wildfire dangers are real.
Section 110.319.50 Restrictions During a Declared Emergency provides emergency powers to local governmental entities.
- Amend the ordinance to spell out the level of threat the County considers an ‘emergency’ to prioritize lives over Transient occupancy tax collection.
Streamline emergency declarations. Rather than rely on the Governor to recognize local dangers or fast-changing life-threatening circumstances, I ask that the County be first to exercise power to halt STR advertising/use during emergencies
increase the fee to ensure compliance. The current amount is not a deterrent. Douglas County charges up to $20,000 for permit infractions
- Add compliance staff & extend hours to evenings & weekends when STRs are in heavy use.
I sent much more in an email. Please read it. Thank you.
Re ADU's in the Tahoe planning area: If the code is changed to allow ADU's on parcels less than one acre, it is not sufficient to simply say the ADU cannot be an STR. For any parcel that adds an ADU, code should state that neither residence on the parcel, the main home or the ADU, is allowed to be an STR. It needs to be clear that an owner (perhaps someone that wants to downsize) cannot build an ADU, live in it, and rent their main residence as an STR. Otherwise, ADU's will not help in easing the housing shortage.
I am here on behalf of Concerned Neighbors of Tyrolian Village. We now number more than 80 property owners and voters in Tyrolian Village.
Our group spoke at the November 15 public meeting and provided written comments supporting many of the proposed amendments being considered by the staff. However, there are several proposed changes we do not support and would like to propose alternative changes:
1. Grace Period extension—we do not support extending the grace period for STR permit renewals to 60 days. STR owners should abide by the current renewal periods just like others who get licenses from the county or state.
2. Reduce Permit Fees: We do not support reducing the permit fees for
primary residences. This will only encourage STR owners to falsely claim their rental as their primary residence for a reduced property tax rate. We reported to the County Assessor at least 7 units in our HOA that were being rented but the owner was claiming they lived there.
3. Notarization: We strongly oppose removing the requirement to notarize renewal applications. It is not difficult to find a notary, and a notarized signature allows HOAs to take legal action against an STR owner who makes false claims.
4. STR Parking: We also strongly support retaining Section 110.319.15(b) which states that STRs may only use their assigned spot. Although this section is not being changed under the current draft, we have witnessed STR owners lobbying your staff to get this restriction removed. This would be catastrophic for HOAs like Tyrolian Village, McCloud, Bitterbrush, and similar associations in Incline village that have limited parking spots. In Tyrolian Village we simply don’t have enough space to give everyone 2 parking spots. Please retain the current language and enforce these provisions.
Finally, we disagree with the staff statement that HOA verification using CC&Rs and rules is problematic. If an HOA bans STRs, then the county should not issue an STR permit in that community. If an HOA limits STRs to only Tier 1, then the county should not issue a tier 2 permit. We are not asking the county to interpret our HOA rules; we are only ask that you abide by the clearing stated limits HOAs have put in place.
About parking: IF STR operators are renting out their units to short term clients, these clients are their primary tenants. STR guests do not count as guests because they are the primary tenants of the rental. They therefore should not be allowed to park in overflow areas of HOAs at all that is intended for guests. This is a loophole they are trying to exploit. I say keep the wording as is. In exploiting this parking resource, they would become yet another burden on the community
I do not support a grace period extension. What’s the point of a deadline if it’s not a deadline? The county is losing money on this program and I am angry as a tax payer footing the bill for this while it also negatively affects my property.
I do not support lifting the notarizing requirement for renewals. It is very easy to get a document notarized. Lifting it only helps out of town operators & corporate operators of STRs.
I do not support reducing fees of any kind. Fees must be increased so at least tax payers are not footing the bill of this program, and more money to pay for enforcement and added costs to STR neighbors- fences, security cameras, noise barriers, police calls, etc.
My entire community is against STRs except those running STRs. This program has caused great angst and set neighbor fighting neighbor. The county has failed with this STR program & should now work toward a plan to eliminate & outlaw this disaster like communities and cities are around the world. Italy & New York City are just two big ones of countless examples. https://www.businessinsider.com/airbnb-florence-italy-short-term-rentals-ban-2023-12 A local example is South Lake Tahoe’s Measure T. That move has significantly increased housing supply. Increased supply = increased affordability.
Bring our residential communities back = also brings affordability and equality. STRs increase wealth inequality because STR operators are making so much money they can then reinvest in buying more STRs = reduce more housing supply. Since most, if not all commissioners live in Reno, do you really want to continually make Lake Tahoe more and more unaffordable?STRs contribute to inequality.STRs belong in motels and hotels.Not party houses & residential. It’s common sense
To Whom It May Concern:
I am writing to you as a longtime resident of Tyrolian Village in Incline, Nevada. I first came to Tyrolian Village in 1972 as a 12-year-old. My parents built their original home at 1371 Tirol Drive in 1972, and then built their forever home at 1431 Tirol Drive. I lived in Tirolian Village full-time from 1975 till 1982 – and was in the Incline High School class of 1978.
I have been to Tyrolian Village either full-time or part-time for the last 51 years. The Tirolian Village community has always been a clean and safe environment which I have now shared with my wife and children. I am knowledgeable of the Tyrolian Village Association (TVA) Covenants, Conditions & Restrictions (CC&Rs) established to protect and enforce the rights of the homeowners. In fact my father was a past president of the TVA board, and my mother is both active and to my knowledge the longest resident residing full-time in Tyrolian Village.
The issue at hand is regarding short-term rentals (STRs) in Tyrolian. I would point out that TVA has always allowed renters. In fact, I took the school bus with at least 3 classmates who rented in Tyrolian for the better part of 3 years. Under the long-standing CC&Rs, and in the interest of maintaining Tyrolian’s community, rentals we intended and restricted rentals to longer-term.
It is well documented that STRs increase traffic, trash, and crime. The issue at hand may best be summarized by Lawrence Summers, former President of Harvard: “In the history of the world, no one has ever washed a rented car.”
Short term renters (STRs) have little incentive to maintain the property they are renting. Owners care about and plan for the future.
I am asking the Washoe County Commission to retain the STR Ordinance with its current restrictions on parking and how STR rentals should conduct themselves and avoid the complications inherent and well documented in STRs (traffic, trash, and crime). Any action short of that will adversely impact the Tirolian community that I have been a member of for 51 years and counting. If you have any questions please feel free to call my cell at 650-430-3151.
In regard to the Staff Report for this Agenda Item, I would like to comment on two of the Proposed Amendments (#2 & #13) as I am in an owner-occupied home in Incline Village and this is my Primary Residence. I have an active STR Permit and do a mix of partial home rental and rental.
***I SUPPORT Amendment #13 that provides for a reduced STR Permit Fee for property owners in the same situation as me, as we are not professional out-of-state investors trying to run a large profitable STR business but simply homeowner's of a single home trying to subsidize the cost of living in this beautiful area.
***I OPPOSE Amendment #2 that states that owner-occupied homes with STR Permits must follow different increased regulations than their neighbors who do not have STR Permits, during a period when I am living in that home and not renting it. Why am I being subjected to increased regulation when living at my home and not renting it simply because I have a STR Permit and do rent my home to others from time-to-time??? My concern relates specifically to MAXIMUM OCCUPANCY, as I would like to host my extended family at my Primary Residence Incline Village home for the holidays but the STR Permit requirement states that I cannot do that!