PLACER COUNTY AND TOWN OF TRUCKEE SHORT TERM RENTAL MORATORIUM

PLACER COUNTY AND TOWN OF TRUCKEE SHORT TERM RENTAL MORATORIUM

  • Samantha Swigard
  • 01/23/22
It is no secret that North Tahoe and Truckee are starving for long-term housing. Our locals also battle problems associated with poorly managed vacation rentals. Placer County and Town of Truckee’s Short-Term Rental Ordinance are intended to strike a balance of reducing neighborhood nuisances like noise and parking issues related to vacation rentals without undermining the market for this important guest accommodation. As such, our governmental agencies are collaborating on how to ease into solutions for both. The current short-term rental permit moratorium is allowing time to evaluate, poll our communities, and come up with strategies that will serve all parties from short-term rental owners and renters to locals alike. Here is an update on both Placer County and the Town of Truckee. Please reach out to me with specific questions and property exemptions. (Village at Northstar and Village at Palisades Tahoe) My favorite local property managers are attending all meetings and are happy to jump in and help you too!
 

Placer County Update (North Lake Tahoe, Northstar, Olympic Valley)

  • Short-Term Rental Ordinance
  • New Permit Moratorium FAQs
  • September 2021
 
On July 27, 2021, the Placer County Board of Supervisors approved an Urgency Ordinance enacting a 45-day moratorium on new STR permits. No new permits were issued during the moratorium. On August 31, 2021, the Placer County Board of Supervisors approved an extension to the Urgency Ordinance moratorium until March 31, 2022. Link to Placer County Website.
 

When Was the Moratorium Enacted and How Long is It in Effect?

The moratorium was enacted on July 27, 2021, and was in effect for 45 days. The moratorium is now extended to March 31, 2022.
 

Why Did Staff Request an Extension of the Moratorium?

Staff requested the moratorium be extended until March 31, 2022, so that County staff could further study issues related to STRs and explore revisions to the STR Ordinance that would help preserve residential neighborhood character and integrity, and workforce housing in the Tahoe region.
 

What Will the STR Ordinance Update Include?

County staff is proposing to analyze and update the following elements of the STR Ordinance: STR permit fees, STR regulatory trends in similar resort communities and local jurisdictions, STR permit exemption process; STR operational standards; and the STR permit and TOT certificate interface.
 

During the Extension Period Are There Any Exemptions to the Moratorium

Yes. The moratorium includes two exemptions:
 
  1. Renewals: A short-term rental with a valid permit that complies with all provisions of Article 9.42, and has no outstanding fees or violations may apply to renew the same. A short-term rental that had a valid permit for the 2020 permit cycle and complied with all provisions of Article 9.42, had no outstanding fees or violations during that period and may apply to renew the same. A short-term rental with a valid permit that expired solely due to a change in ownership that complied with all provisions of Article 9.42, and had no outstanding fees or violations prior to said change may apply and be processed as a renewal for the new owner(s).
  2. New STR Permits: The Community Development Resource Agency is authorized to continue processing an application for a short-term rental permit if the same was accepted by the Agency a minimum of twenty-four (24) hours prior to the enactment date of Ordinance 6094-B and the Agency may issue a permit if said application complies with all requirements of Article 9.42.

What is the Renewal Process if I Meet the Requirements for the Exemption to the Ordinance?

A new application will need to be submitted to ensure you have an active TOT certificate.
 

If I Don’t Meet the Exemption Requirements, Can I Still Submit a New Application?

No new permits that do not meet the exemption requirements will be processed or issued.
 

What Does a “valid STR Permit” Mean?

This means that you have been issued an STR permit that did not expire prior to the July 27, 2021 imposition of the moratorium.
 

I Was Recently Issued an STR Permit. Does the Moratorium Apply to My Permit?

The moratorium only applies to new STR permit applications submitted on July 27, 2021, and after. Existing (Issued) permits and permits that were submitted prior to the moratorium are not affected.
 

I Was Issued an STR Permit in September 2020. I Have No Violations and Have Paid All Fees. Can I Apply for a Renewal of This Permit Next Month?

Yes. Renewal of a valid 2020 STR permit = is one of the two exemptions to the moratorium.
 

I Am in Escrow to Purchase a Home That Has a Valid STR Permit and I Intend to Rent It as a Short-term Rental. Can I Apply for an STR Permit Application and Will It Be Processed?

Yes. If you can provide proof that the seller of the home had a valid STR permit then you may submit an STR permit application and the application will be processed.
 

I Submitted an Application for a New STR Permit After the Moratorium Was Enacted. What Happens to My STR Permit Application? Is There a Wait List?

There is no wait for the list of new STR permits. The STR permit system still accepts permits; however, any new STR permit applications that were submitted after the moratorium went into effect cannot be processed during the moratorium. These permit applications will be held in the queue but depending on the anticipated update to the STR update, there is no guarantee of an STR permit being issued.
 

I Have a Business License and Tot Certificate for My STR but Was Not Aware That I Needed an STR Permit. Can I Get an STR Permit Under the Moratorium?

No, the County cannot issue any new STR permits under the moratorium. You can submit an STR application through the STR permit system, however, County staff cannot process the permit until the moratorium is lifted.
 

My Relative Owned a Home With a Valid STR Permit. She Passed Away Recently and I’m the Heir. Does This Mean the STR Permit Transfers to Me?

Issues regarding estates, beneficiaries, wills, and/or trusts are complex and highly dependent on the details of the estate documents. Please contact the STR program staff to discuss this further.
 

Under the STR Moratorium, Can I Still Apply for a TOT Certificate?

Yes, you can still apply for a TOT certificate. However, under the moratorium, no new STR permits will be issued and properties that fall within the regulatory scope of the current STR ordinance and renting without an STR permit will be considered out of compliance with the STR Ordinance. Enforcement could result in fines.
 

The Current STR Program Includes “exemptions”. Are These Different Than the Ones Identified in the Ordinance That Imposed the Moratorium?

Yes. The exemptions identified in the ordinance imposing the moratorium address which permit applications may be processed during the pendency of the moratorium. Section 9.42.030 of the ordinance addresses which properties are exempt from the current STR permit requirements.
 

What Properties Are Exempt From the STR Ordinance and How Do I Know if My Property is Exempt?

Hotels/Motels, Condotels, Resorts, and some HOAs are exempt from the ordinance. You can submit an exemption request to see if your property qualifies for an exemption.
 

My Property Has Been Deemed Exempt From the STR Ordinance Under Section 9.42.030. Does the Moratorium Affect Exempt Properties?

No, the moratorium does not apply to exempt STR properties as identified in Section 9.42.030.
 

I Believe My Property May Be Exempt From the STR Ordinance. Under the Moratorium, Can I Submit a Request for an Exemption Determination?

Yes, the County will continue to process exemption requests and if your property is deemed exempt, it is not impacted by the moratorium.
 

If a Property Has Been Deemed Exempt From the STR Ordinance and Then the Property Changed Ownership, Can the Exemption Determination Be Transferred to the New Owner?

Yes, provided the use of the property did not change with the ownership. Exemption determinations are based on the property and operational characteristics and therefore if a property has been deemed exempt for a permit cycle, the exemption may be transferred to a new owner for that permit cycle. It should be noted that exemption determinations need to be confirmed annually for each permit cycle.
 

Town of Truckee Update

New Registration Moratorium extended to June 15, 2022. Updated 1/14/22
 
The updates that are being considered include the following three recommendations for the ordinance:
 
  • A cap on the number of STR registration certificates issued
  • The creation of a waiting period after a property sells before they can be eligible as an STR
  • The phasing out of STRs in multi-family housing units
To learn more about the process, to understand how these recommendations were made, and to take the survey, please follow the link below. The survey will be available from January 14, 2022, until January 24, 2022. The information received will then be presented to the Truckee Town Council at the February 8, 2022, Truckee Town Council meeting.
 

Short-Term Rental Community Survey | Town of Truckee

 
On September 28, 2021, Town Council approved an Urgency Ordinance 2021-06, establishing a 45-day moratorium on the issuance of new Short-Term Rental registration certificates. On October 26, 2021, Town Council approved the extension of the moratorium until June 15, 2022.
 
The following categories are exempt from the moratorium:
 
  1. Complete applications that were received by the Town prior to the adoption of the Urgency Ordinance on Sept 28th.
  2. New owners of a property that was in escrow in connection with a pending sale at the time the Urgency Ordinance was adopted IF a transient occupancy registration certificate was in effect for a property immediately prior to the close of escrow.
  3. Registration renewals for the 2022 calendar year.
During the Moratorium, the Town of Truckee is undertaking a review and study of the Town’s short-term rental (STR) program. This study will inform the Town Council’s consideration of whether to make changes to the STR program in response to the regional shortage of housing available to the local workforce, including possible steps to manage the number, location, or types of properties that may be permitted for short-term rent. Review the STR Study Update Report from Town Council here.
 
Town staff has appointed an ad hoc advisory committee, comprised of community members with a range of perspectives and interests in short-term rentals, to consider STR management options and provide recommendations to the Town Council. These recommendations will be presented at a Town Council meeting in early 2022. 

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